Repealed - By Which Is Added And Regulates Matters Related To Real Estate Units Closed Subjected To Horizontal Property Regime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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

428 OF 1998

(January 16)

Official Journal No. 43,219 of 21 January 1998

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

Vigency Notes Summary

COLOMBIA CONGRESS

DECRETA:

ARTICLE 1o. OBJECT OF THE LAW. 87 of the Law 675 of 2001 > This law aims to establish the general principles for the development and operation of the Closed Real Estate Units and the regulation of rights and obligations of the co-owners with respect to their municipality or district; organize their operation to seek a better quality of life and a harmonious coexistence of the co-owners, inhabitants and users, and establish common areas of services necessary social standards under national minimum standards.

Effective Case-law
Ir al inicio

ARTICLE 2o. GENERAL PRINCIPLES. 87 of the Law 675 of 2001 > They are general principles for the development and operation of the Closed Real Estate Units:

1. The social function of the property, which involves the provision of sufficient areas to meet the needs of the people and their relationship with the community, such as circulation, recreation, meeting and visual enjoyment; environmental conservation and the aesthetic harmony of the urban complex.

2. The urban function of the property that requires the functional, environmental and spatial integration of the constructions with the environment; as well as the compliance of the planning and municipal construction norms.

3. Respect for privacy that imposes obligations and limitations to ensure a degree of acoustic and visual isolation of private areas.

TITLE I.

DEFINITION AND TYPOLOGY OF CLOSED REAL ESTATE UNITS.

Ir al inicio

ARTICLE 3o. DEFINITION OF CLOSED REAL ESTATE UNITS. 87 of the Law 675 of 2001 > Closed real estate units are sets of buildings, houses and other integrated architectural and functional buildings, which they share structural and constructive elements, common areas of circulation, recreation, meeting, technical facilities, green areas and visual enjoyment; whose co-owners participate proportionally in the payment of the common expenses, such as the Community public services, surveillance, maintenance and improvements.

Access to such real estate sets is restricted by a lockout and entry controls.

PARAGRAFO. The areas of circulation, recreation, social use, green zones, services, and public spaces are inalienable and imprinted domain of the legal person who integrates the co-ownership.

Effective Case-law
Ir al inicio

ARTICLE 4. OWNERSHIP OF COMMON AREAS. 87 of the Law 675 of 2001 > The owners of the closed real estate units own the common areas in proportion to the participation of their individual right in relation to the joint. Such participation shall be established according to the horizontal ownership regime.

The participation of each co-owner will save relationship between their private area and the total private areas of the closed real estate unit established according to the co-ownership and horizontal ownership regime.

Effective Case-law
Ir al inicio

ARTICLE 5o. DIMENSIONS. 87 of the Law 675 of 2001 > The closed real estate units of any typology are considered small units when their area does not exceed one hectare. And large units when they exceed that limit; they may be authorised provided they do not prevent the continuation of neighbouring routes or the provision of public services.

According to the dimensions and the type of coexistence generated in the closed real estate units there can be peculiar organizations, norms of behavior and procedures for the solution of conflicts.

Ir al inicio

ARTICLE 6o. USE OF PREDOMINANT SOIL. 87 of the Law 675 of 2001 > The predominant soil is considered to be the one whose architectural and functional characteristics, as well as the impact it generates in its environment, determines the configuration of the closed real estate unit and imposes conditions and requirements for complementary uses.

Effective Case-law
Ir al inicio

ARTICLE 7o. COMPLEMENTARY USES AND SERVICES. 87 of the Law 675 of 2001 > Complementary soil uses are those of the least urban impact in relation to the predominant uses, but which are essential for the the configuration and functionality of the environment according to the municipal regulations, such as the parking areas, recreational areas, pedestrian paths and small shops.

The same area can fulfill several functions and allow the provision of various social services, such as road areas and sports scenarios, according to the municipal regulations and the statutes of the closed real estate units.

Effective Case-law
Ir al inicio

ARTICLE 8o. USES OF COMPATIBLE SOILS. 87 of the Law 675 of 2001 > Municipal planning rules will determine the typologies of land uses that are considered compatible with each other, taking into account conditions of functionality and the characteristics of the configuration of the closed real estate unit.

Effective Case-law
Ir al inicio

ARTICLE 9o. RESTRICTED USES. 87 of the Law 675 of 2001 > They are all those uses of the permitted soil provided that they meet certain standards, requirements or limitations required by the municipal planning authorities and planning or by the General Assembly of Coowners.

The land uses already established in the closed real estate units will be able to undergo new restrictions in order to fulfill their urban function and guarantee conditions of health and harmonious coexistence.

Effective Case-law
Ir al inicio

ARTICLE 10. RESIDENTIAL REAL ESTATE UNITS. 87 of the Law 675 of 2001 > They are those sets where residential use prevails, compatible with recreational, social and commercial uses to a lesser extent.

PARAGRAFO. Minimum housing areas. Residential Real Estate Units will meet the requirements of minimum areas determined in municipal or district planning.

Ir al inicio

ARTICLE 11. COMMERCIAL REAL ESTATE UNITS. 87 of the Law 675 of 2001 > They are sets of properties integrated architecturally in which the commercial uses of like typologies, compatible with the uses recreational, social and service.

Ir al inicio

ARTICLE 12. INDUSTRIAL REAL ESTATE UNITS. 87 of the Law 675 of 2001 > They are sets of properties integrated architecturally where commercial uses and activities of production and services prevail, within the health and industrial safety conditions identified by the competent authorities.

Ir al inicio

ARTICLE 13. TOURIST REAL ESTATE UNITS. 87 of the Law 675 of 2001 > They are sets of properties integrated architecturally in which the residential, recreational, social, services and commerce uses are present.

Ir al inicio

ARTICLE 14. REAL ESTATE UNITS OF TECHNOLOGICAL SERVICES. 87 of the Law 675 of 2001 > These are sets of properties integrated architecturally under restrictive conditions and peculiar technical and security requirements.

TITLE II.

SOCIAL AND COMMON AREAS.

Ir al inicio

ARTICLE 15. AREAS FOR CIRCULATION. 87 of the Law 675 of 2001 > Closed Real Estate Units will have access to vehicles and pedestrian areas to access the buildings, with due illumination and signalling. The areas of internal and common movement of buildings must comply with hygienic, toilet and ventilation standards.

Ir al inicio

ARTICLE 16. AREAS OF RECREATION. 87 of the Law 675 of 2001 > All Closed Real Estate Units will provide proportionally to their size and the predominant use of common areas sufficient for recreational, cultural and sports. Such requirements may be reduced when the right to practice of sport and recreation is otherwise guaranteed.

The use of the common areas of recreation will be subject to the internal regulations issued by the Assembly of Coowners and the Administrative Board of the Closed Real Estate Unit.

Ir al inicio

ARTICLE 17. AREAS OF SOCIAL USE. 87 of the Law 675 of 2001 > Closed Real Estate Units must have specific areas for the social use of all their inhabitants and visitors, as meeting and meeting places. Their use shall be subject to the regulations of the Administrative Board and the decisions of the administrator of the respective unit.

Ir al inicio

ARTICLE 18. GREEN ZONES. 87 of the Law 675 of 2001 > The Closed Real Estate Units will have free, framed and arborized areas for the care of the environment, the ornato and the recreation.

In addition, when the dimensions of the Closed Real Estate Unit permit, duly arbized internal parks will be built.

Ir al inicio

ARTICLE 19. SERVICES AREAS. 87 of the Law 675 of 2001 > The Closed Real Estate Units will have adequate and sufficient areas to serve the services of goalkeeping, security, energy installations, aqueduct, sewerage, communications and other services.

Ir al inicio

ARTICLE 20. PARQUEADEROS. 87 of the Law 675 of 2001 > The municipal planning and construction standards will establish minimum requirements for parking cells for each property for the inhabitants and visitors of the Real Estate Units. Closed, as well as vehicle maneuvering spaces and those needed for loading and unloading operations for trade and industry.

Ir al inicio

ARTICLE 21. INTERNAL PUBLIC SPACE. 87 of the Law 675 of 2001 > The extent and characteristics of the internal public space shall be related to the dimensions and uses established in the respective Closed Real Estate Unit.

Ir al inicio

ARTICLE 22. PUBLIC AND ADJACENT SPACE. 87 of the Law 675 of 2001 > The immediate neighbors, owners and inhabitants will have the right to formulate initiatives and a greater participation in the development, organization and use of public space.

Ir al inicio

ARTICLE 23. TRANSPARENT CLOSURES. 87 of the Law 675 of 2001 > The Closed Real Estate Units that are authorized from this law will have closing in living hedges or transparent enclosures that allow the visual integration of the free, private spaces and buildings to the adjacent public space.

Ir al inicio

ARTICLE 24. ECONOMIC EXPLOITATION OF THE COMMON AREAS. 87 of the Law 675 of 2001 > Activities that can be developed in the common areas and in the internal public space from which an economic advantage is derived may be regulated by the Assembly of Co-owners or by the Board of Directors of the Closed Real Estate Units and may be required to pay a fee, in conditions of justice and equity.

PARAGRAFO. The monies received for the exploitation of the common areas will only be able to benefit the legal person of the property and will be used for the payment of expenses and common expenses with owners.

TITLE III.

MUNICIPAL INTEGRATION.

Ir al inicio

ARTICLE 25. INTEGRATION WITH THE ENVIRONMENT. 87 of the Law 675 of 2001 > The owners and inhabitants of the Closed Real Estate Units will have their duties and duties to their neighbours and to the municipality of which they form Part of the project, which will have to be integrated into urban and civic aspects.

Ir al inicio

ARTICLE 26. ARCHITECTURAL AND AESTHETIC REFORMS. 87 of the Law 675 of 2001 > The adoption or reform of the original architectural and aesthetic canons in the facades, exterior areas and common use, of the Real Estate Units Closed will be decided by the respective Assembly of Co-owners and will subsequently be submitted to the approval of the competent authority.

Ir al inicio

ARTICLE 27. URBAN CONFORMATION. 87 of the Law 675 of 2001 > The change in the urban structure of the Environment of the Closed Real Estate Units will entail the fulfillment of exonerated demands and will allow for the same the transformation of internal or external areas for other uses.

Effective Case-law
Ir al inicio

ARTICLE 28. TOLERABLE LEVELS OF IMMISSION. 87 of the Law 675 of 2001 > The visual, noise, odor, particle and any other elements that, generated in private or public buildings, transcend the exterior will not be able to overcome the tolerable levels for the cohabitation and the functionality required in the Closed Real Estate Units.

Such levels of incidence or immission will be determined by the health, urban and police authorities; however, they may be regulated in an even more restrictive way in the regulations of the closed Real Estate Units or the Assembly. Co-owners.

PARAGRAFO. The Regulations of the Closed Real Estate Units will set the requirements for the permanence of pets (pets) but in no case will they be able to ban them.

Ir al inicio

ARTICLE 29. LICENSES FOR REFORMS, ARCHITECTURAL STANDARDS AND EXTENSIONS. 87 of the Law 675 of 2001 > The reforms in the facades and common areas, as well as the extensions, within the existing canons, will require the authorization of the Board of Coowners. In any case, the corresponding planning and urban planning license will be necessary.

Internal reforms in private buildings that do not have an impact on the structure and functioning of the Closed Real Estate Unit will not require prior authorization from the administrative bodies.

PARAGRAFO. The building sets, houses and other integrated architectural and functional constructions that share structural and constructive elements that assimilate them to closed Real Estate Units, may request the municipal authority, license to become a closed Real Estate Unit or to cease to be a Real Estate Unit, provided that the existing public space is not significantly affected and that it is requested by at least a number not less than the 80% of the owners.

TITLE IV.

COMMUNITY PARTICIPATION.

Ir al inicio

ARTICLE 30. THE MORERS ' RIGHTS. 87 of the Law 675 of 2001 > Any person who has or remains in the Closed Real Estate Units shall be entitled to a dignified living conditions, to privacy, to recreation, to free (a) to meet, to organise for lawful purposes and to participate in the Community's social life.

The exercise of these rights will be carried out in a way that respects the rights of the other persons and in accordance with the regulations and norms of coexistence of the respective closed Real Estate Unit.

Ir al inicio

ARTICLE 31. OBLIGATIONS OF THE INHABITANTS. 87 of the Law 675 of 2001 > All persons who inhabit or remain in the Closed Real Estate Units must comply with the regulations and rules of coexistence of each unit; contribute to the expenses and expenses established, according to principles of justice and equity; will abide by the authorities of the Real Estate Unit and fulfill its orders; act in solidarity and humanitarian manner with other people, protect the internal public space and adjacent to the Closed Real Estate Unit.

Ir al inicio

ARTICLE 32. INTERNAL AUTHORITIES. 87 of the Law 675 of 2001 > They are internal authorities of the Closed Real Estate Units:

1. The Assembly of Coowners, which will issue the co-ownership regulation, in which the owners will participate in proportion to one vote for each private unit they own.

2. The Administrative Board, formed democratically by the co-owners or inhabitants who will have the rights provided for in the regulations of the respective Real Estate Unit.

3. The administrator of the unit, who will be able to request the help of the public force for the performance of his duties.

PARAGRAFO. The co-owners may be represented in the Assembly of Co-owners and the Board of Directors only by inders in the respective Closed Real Estate Unit.

Ir al inicio

ARTICLE 33. CONFLICT RESOLUTION. 87 of the Law 675 of 2001 > The conflicts of experience will be submitted to the Administrative Board, which will in the first place promote concertation between the parties and, in the most serious cases, will call on the inhabitants of the Closed Real Estate Unit to propose and study solutions to the conflicts.

Internal concertation procedures do not constitute a mandatory prior procedure for exercising police, criminal, and civil actions.

Ir al inicio

ARTICLE 34. MEASURES FOR COEXISTENCE. 87 of the Law 675 of 2001 > The internal authorities of the Closed Real Estate Units may establish temporary provisions to address specific needs of coexistence.

TITLE V.

ECONOMIC OBLIGATIONS.

Ir al inicio

ARTICLE 35. ADMINISTRATION AND SUPPORT QUOTAS. 87 of the Law 675 of 2001 > The Regulations of the Closed Real Estate Units will establish periodic quotas of administration and support by the owners of the buildings.

Ir al inicio

ARTICLE 36. EXECUTION OF THE OBLIGATIONS. 87 of the Law 675 of 2001 > The Administrators of Closed Real Estate Units will be able to sue civilly the execution of the economic obligations and the imposed pecuniary sanctions to owners and inhabitants, from the liquidations to the delinquent debtors approved by the Administrative Board.

In such processes, the settlement of the obligations due to the owner or morador, carried out by the Administrator, will lend executive merit without any need for protest or any other additional requirement.

PARAGRAFO. In any case, the co-owner of each property will be jointly and severally liable for all the ordinary and extraordinary obligations and for the pecuniary sanctions imposed on the inhabitants of their property.

Ir al inicio

ARTICLE 37. COLLECTION OF LOCAL PUBLIC SERVICES. 87 of the Law 675 of 2001 > Urbanizers and builders of Closed Real Estate Units will have to install consumer meters of the public services for each building.

Home utilities will draw up invoices for each property individually.

PARAGRAFO. Closed Real Estate Units that at the effective date of this law do not own individual meter will be able to install them if such an application has approval of at least half plus one of the co-owners.

Ir al inicio

ARTICLE 38. COMMON HOME PUBLIC SERVICES. 87 of the Law 675 of 2001 > The consumption of the public services of aqueduct, energy and gas in the common areas and the internal public space of the Units Closed Real Estate, will be paid by the co-owners according to the provisions of Law 142 of July 12, 1994.

Public lighting and grooming services in public areas and in the internal public space may be paid through the regular consumption accounts of such services or the rate of public lighting or toilet facilities established by the municipality or district. In no case may both obligations be generated by the same service.

Ir al inicio

ARTICLE 39. MAINTENANCE, REPAIR AND IMPROVEMENT OBLIGATIONS. 87 of the Law 675 of 2001 > The Closed Real Estate Units shall be responsible for the maintenance, repair and improvement of the common areas and the space Internal public of the Closed Real Estate Units, which will be paid by the co-owners.

Ir al inicio

ARTICLE 40. INCOME TAX AND SUPPLEMENTARY. 87 of the Law 675 of 2001 > The Closed Real Estate Units are non-profit legal persons who are not obliged to pay the income tax and supplementary.

Ir al inicio

ARTICLE 41. PREDIAL TAX AND VALORIZATION CONTRIBUTIONS. 87 of the Law 675 of 2001 > The Closed Real Estate Units will pay the pre-dial tax and the recovery contributions corresponding to the common areas and the domestic public space according to differential rates lower than the rates of private areas.

Effective Case-law

TITLE VI.

SPECIAL RULES.

Ir al inicio

ARTICLE 42. ACQUIRED RIGHTS. 87 of the Law 675 of 2001 > Closed Real Estate Units and their owners have acquired rights over common areas, in terms of domain, easements and other real rights over property duly registered in the Office of the Register of Public Instruments.

Ir al inicio

ARTICLE 43. SUBJECTIVE LEGAL SITUATIONS.

Effective Case-law
Previous Legislation
Ir al inicio

ARTICLE 44. EXPROPRIATION. 87 of the Law 675 of 2001 > The expropriations decreed by the competent public authorities that affect the closed Real Estate Units shall indemnify or compensate the patrimonial detriment suffered by the Unity and its co-owners, in view of the dismemberment of the whole and all the deterioration caused by the expropriation.

Ir al inicio

Next