Repealed - By Which Is Added And Regulates Matters Related To Real Estate Units Closed Subjected To Horizontal Property Regime

Original Language Title: DEROGADO - Por la cual se adiciona y reglamenta lo relacionado con las unidades inmobiliarias cerradas sometidas al régimen de propiedad horizontal

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LAW 428
1998 (January 16)
Official Gazette No. 43219 of January 21, 1998

By which is added and regulates related to real estate units closed subjected to horizontal property regime. Summary

Term Notes

THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. PURPOSE OF THE LAW. This law aims to establish the general principles for the development and operation of the Housing Units Closed and regulation of the rights and obligations of the co-owners regarding their municipality or district; organize its operation to ensure a better quality of life and harmonious coexistence of the co-owners, inhabitants and users, and establish common areas of social services required under national minimum standards. Effective Jurisprudence

Article 2.
. GENERAL PRINCIPLES. They are general principles for the development and operation of the Closed Real Estate Units:
1. The social function of property ownership, which involves the provision of sufficient areas to meet the needs of people and their relationship with the community, such as circulation, recreation, meeting and visual enjoyment; environmental protection and conservation and urban aesthetic harmony of the whole.
2. The urban function of property that requires functional, environmental and spatial integration of buildings with the environment; and compliance with planning rules municipal planning and construction.
3. Respect for privacy obligations and limitations imposed to ensure a degree of acoustic and visual isolation of private areas.

PART I. DEFINITION AND TYPE OF PROPERTY UNITS CLOSED.

ARTICLE 3o. DEFINITION OF PROPERTY UNITS CLOSED. Closed real estate units are sets of buildings, houses and other architectural constructions and functionally integrated, which share structural and building elements, common areas of circulation, recreation, meeting, technical facilities, green spaces and visual enjoyment; whose co-owners proportionately participate in paying public, such as community utilities, monitoring, maintenance and improvement expenses.
Access to such real estate complexes is restricted by an enclosure and entry controls.
PARAGRAFO. Circulation areas, recreational, social use, green areas, services and public spaces are inalienable and imprescriptible domain of the legal entity that integrates the joint ownership. Effective Jurisprudence

ARTICLE 4.
. PROPERTY OF COMMON AREAS. The owners of closed real estate units own the common areas in proportion to the share of their individual rights in relation to the whole. Such participation shall be established according to the horizontal property regime.
The share of each co-owner save relationship between his private area and the total private areas of the property unit closed according to established rules of joint ownership and condominiums. Effective Jurisprudence


The 5th ARTICLE. DIMENSIONS. Closed real estate units of any type are considered small units when their area does not exceed one hectare. And large units when they exceed this limit; they may be authorized as they do not prevent the continuation of neighboring lanes, or the provision of public services could be affected.
According to the size and type of coexistence generated in closed real estate units may be peculiar organizations, behavioral norms and procedures for conflict resolution.
ARTICLE 6.
. Dominant land use. It is considered that the predominant land use whose architectural and functional characteristics, as well as the impact it has on the environment, determines the configuration of the closed real estate unit and imposes conditions and requirements of complementary uses. Effective Jurisprudence


Article 7. USES AND ADDITIONAL SERVICES. the soil complementary uses are those of minor urban impact in relation to the predominant uses, but which are essential for the configuration and functionality of the environment according to municipal regulations such as parking lots, playgrounds, walkways and small businesses.
The same area may serve various functions and allow the provision of various social services, such as road areas and sports arenas, according to municipal regulations and statutes of closed real estate units. Effective Jurisprudence


ARTICLE 8.
. COMPATIBLE USES OF SOILS. Municipal planning rules determine the types of land uses are considered compatible with each other, taking into account conditions of urban functionality and characteristics of the configuration of the closed housing unit. Effective Jurisprudence


Article 9. RESTRICTED USES. All those uses permitted provided they meet certain standards, requirements or limitations required by the municipal authorities of urban planning or co-owners the General Assembly floor.
The land uses established in the closed building units may be subject to new restrictions in order to fulfill their function and ensure urban sanitation and harmonious coexistence. Effective Jurisprudence


ARTICLE 10. PROPERTY RESIDENTIAL UNITS. Are those sets where residential use is prevalent, compatible with recreational, social and commercial uses lesser extent.
PARAGRAFO. Minimum housing areas. Residential Real Units meet the minimum requirements specified areas in municipal or district planning rules.

ARTICLE 11. COMMERCIAL REAL ESTATE UNITS. They are architecturally integrated sets where the prevelacen compatible with recreational uses, social and service commercial uses of similar types estate properties.

ARTICLE 12. INDUSTRIAL ESTATE UNITS. They are architecturally integrated sets of estate properties where commercial uses prevail and production activities and services in health and industrial safety conditions identified by the competent authorities.
ARTICLE 13. PROPERTY UNITS
TURISTICAS. They are architecturally integrated sets of roots concur properties where residential, recreational, social uses, services and trade.
ARTICLE
14. REAL ESTATE SERVICES UNITS TECNOLOGICOS. They are architecturally integrated sets under restrictive conditions and technical requirements and safety peculiar estate properties.
TITLE II.
SOCIAL AND COMMON AREAS.

ARTICLE 15. AREAS FOR CIRCULATION. Closed real estate units will have vehicular access roads and pedestrian traffic areas to access the property, with proper lighting and signage. The common areas and internal circulation of the buildings must meet hygiene standards, hygiene and ventilation.

ARTICLE 16. RECREATION AREAS. All Closed real estate units will have in proportion to their size and sufficient predominant use for recreational, cultural and sporting activities common areas. Such requirements may be reduced if otherwise is guaranteed the right to practice sport and recreation.
The use of common recreation areas be subject to the internal regulations issued by the Assembly of Co-Owners and the Administrative Board of the Real Estate Unit Closed.

ARTICLE 17. SOCIAL AREAS OF USE. Closed real estate units must have specific areas for social use of all its inhabitants and visitors, as meeting places and assembly. Its use will be subject to the regulations of the Administrative Board and the decisions of the respective unit manager.

ARTICLE 18. GREEN AREAS. Closed real estate units have free areas and wooded engramadas for the care of the environment, beautification and recreation.
In addition when the dimensions of the Real Estate Unit Closed permit duly arborizados internal common parks will be built.

ARTICLE 19. AREAS OF SERVICES. Closed real estate units will be appropriate and sufficient to address areas concierge services, security, power supply, water supply, sewerage, communications and other services.
ARTICLE 20.
parking. Municipal planning rules and construction set minimum requirements cell parking for each property for the residents and visitors of closed real estate units, as well as spaces for maneuver vehicles and necessary for the operations of loading and unloading for trade and industry.

ARTICLE 21. INTERNAL PUBLIC SPACE. The extent and characteristics of internal public space be related to the size and uses established in the respective Closed Real Estate Unit.


ARTICLE 22. PUBLIC SPACE AND ADJACENT. Immediate neighbors, owners and residents are entitled to formulate initiatives and greater participation in the development, organization and use of public space.
ARTICLE 23.
transparent enclosures. Closed real estate units that are authorized from this law will be closing in hedgerows or transparent enclosures that allow visual integration of free, private and public space buildings to adjacent spaces.

ARTICLE 24. ECONOMIC USE OF COMMON AREAS. Activities that may develop in the common areas and in the internal public space of which economic use can be regulated by the Assembly of Co-owners or by the Administrative Board of the Closed Real Estate Unit and may be imposed on the payment of a fee derived, in conditions of justice and equity.
PARAGRAFO. The money received for the exploitation of the common areas may only benefit the legal entity of co-ownership and will be used to pay expenses and common expenses with owners.
TITLE III.
MUNICIPAL INTEGRATION.

ARTICLE 25. INTEGRATION WITH THE ENVIRONMENT. The owners and inhabitants of closed real estate units will charge their obligations and duties to their neighbors and the municipality which part, which must be integrated into the urban and civic aspects.
ARTICLE 26. REFORMS
architectural and aesthetic. The adoption or amendment of the original architectural and aesthetic canons on the facades, outdoor areas and common use of closed real estate units will be decided by the respective Assembly of Co-Owners and subsequently submitted for approval by the competent authority.
ARTICLE 27. SHAPING
URBANISTICA. The change in conformation of the urban environment of Closed Real Estate Units exonerated entail compliance requirements and likewise may permit the transformation of internal or external areas for other uses. Effective Jurisprudence

ARTICLE 28.
emission levels bearable. Visual signals, noise, odor, dust and any other element that generated in private or public property, transcend the outside may not exceed the tolerable coexistence and functionality required in the Closed Real Estate Unit levels.
Such incidence or immission levels will be determined by health, urban and police authorities; yet they may be regulated even more restrictive regulations of the Closed Real Estate Unit or by the Assembly of Co-Owners.
PARAGRAFO. The regulations of the Property Units Closed establish the requirements for stay of pets (pets) but in no case may ban them.

LICENSES ARTICLE 29. REFORMS, ARCHITECTURAL STANDARDS AND EXTENSIONS. Reforms in the facades and common areas, as well as extensions, within the rules in force, require the authorization of the Board of Co-owners. In any case the appropriate license and urban planning will be necessary.
Domestic reforms on private property not affect the structure and operation of the Real Estate Unit Closed not require prior authorization by the management bodies.
PARAGRAFO. The sets of buildings, houses and other architectural integrated constructs and functionally that share structural and constructive elements that assimilate Closed Real Estate Units, may apply to the municipal authority license to become Real Estate Unit Closed or to stop being, provided that it does not significantly affect the existing public space and request at least one number not less than 80% of the owners.
TITLE IV.
COMMUNITY INVOLVEMENT.

ARTICLE 30. RIGHTS OF THE INHABITANTS. Any person living or stay in closed real estate units will be entitled to decent living conditions, privacy, recreation, freedom of movement, to meet, to organize for lawful purposes and participate in community social life.
The exercise of these rights shall be such that respects the rights of others and in accordance with the regulations and standards of living of the respective Closed Real Estate Unit.


ARTICLE 31. OBLIGATIONS OF THE INHABITANTS. All persons living or staying in Closed real estate units must comply with the regulations and standards of living of each unit; contribute to the costs and expenses established in accordance with principles of justice and equity; abide by the authorities of the Real Estate Unit Closed and fulfill their orders; act in solidarity and humanely with others, to protect the internal public space and adjacent to the Real Estate Unit Closed.
ARTICLE 32.
domestic authorities. They are internal authorities of the Closed Real Estate Units:
1. The Assembly of Co-Owners, which issued the rules of co-ownership, which involve the owners in proportion of one vote for each private unit held.
2. The Administrative Board, democratically formed by the owners or residents who have rights under the regulations of the respective Real Estate Unit.
3. The unit administrator, who may request the assistance of the police to perform their duties.
PARAGRAFO. Co-owners may be represented at the Assembly of Co-Owners and the Board Administrator only by residents in the respective Closed Real Estate Unit.

ARTICLE 33. CONFLICT RESOLUTION. Conflicts with-experience will be submitted to the Administrative Board, which first will promote consultation between the parties and, in severe cases, summon the inhabitants of the Real Estate Unit Closed in order to propose and discuss solutions the conflicts.
Internal consultation procedures are not a binding preliminary procedure for exercising policivas, criminal and civil actions.

ARTICLE 34. MEASURES FOR COEXISTENCE. The internal authorities may set Closed Real Estate Units temporary provisions to meet specific needs of coexistence. TITLE V.

financial obligations.

ARTICLE 35. ADMINISTRATION AND MAINTENANCE FEES. The regulations of the Property Units Closed establish regular management fees and maintenance by property owners.

ARTICLE 36. EXECUTION OF OBLIGATIONS. Property Managers Closed Units may sue civilly execution of financial obligations and financial penalties imposed on owners and residents, from settlements to defaulters approved by the Administrative Board.
In such processes the settlement of overdue obligations of the owner or dweller, conducted by the Administrator, will provide enforceable without protest or additional requirements.
PARAGRAFO. In any case, the co-owner of each property jointly and severally liable for all the ordinary and extraordinary obligations and financial penalties imposed on the inhabitants of their property.

ARTICLE 37. COLLECTION OF DOMESTIC PUBLIC SERVICES. Developers and builders Property Units Closed consumption must install meters of public services for each property.
The companies providing public utilities bills drawn for each property individually.
PARAGRAFO. Closed real estate units to date of entry into force of this law do not have individual meter may install if such a request has the approval of at least half plus one of the co-owners.

ARTICLE 38. COMMON DOMESTIC PUBLIC SERVICES. Consumption of public services of aqueduct, energy and gas in public areas and internal public space of closed real estate units, will be paid by the co-owners according to the provisions of Law 142 of 12 July 1994. | || street lighting services and amenities available in public areas and internal public space can be paid through newspaper accounts consumption of such services or public lighting rate or grooming set by the municipality or district . In no event can be generated both for the same service obligations.

ARTICLE 39. OBLIGATIONS OF MAINTENANCE, REPAIR AND IMPROVEMENTS. Closed real estate units will be responsible for the obligations of maintenance, repair and improvement of public areas and internal public space of closed real estate units, which will be paid by the co-owners.

ARTICLE 40. INCOME TAX AND SUPPLEMENTARY. Closed real estate units are legal entities non-profit that are not required to pay income tax and complementary.


ARTICLE 41. PROPERTY TAX AND CONTRIBUTIONS OF VALUATION. The Closed Property Units will pay the property tax valuation and contributions corresponding to the common areas and internal public space under differential rates lower than the rates of private areas. Effective Jurisprudence


TITLE VI.
SPECIAL RULES.

ARTICLE 42. RIGHTS ACQUIRED. Closed real estate units and their owners have acquired rights over the common areas, as the domain, easements and other real property rights duly registered in the office of Public Records.

ARTICLE 43. LEGAL SUBJECTIVE SITUATIONS. Effective Jurisprudence

Legislation Previous


Article 44. Expropriation. Expropriations decreed by the competent public authorities affecting Closed Real Estate Units shall indemnify or compensate the patrimonial detriment suffered by the unit and its co-owners, due to the dismemberment of the whole and all damage caused by the expropriation.
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