Horizontal Property Regulations in Colombia

reglamento propiedad horizontal 1

The Horizontal Property Regulations

The Horizontal Property Regulations are a set of rules that regulate the organization, administration and coexistence in buildings with several owners, such as apartment buildings, residential complexes and shopping centers. It is established by Law 672 of 2001.

These regulations establish the rules of coexistence between the owners of the private units, the administration of the building or residential complex and the relationship between them. It may include provisions on the administration of common resources, coexistence and respect among neighbors, security and access to the building.

It is a fundamental tool to guarantee peaceful coexistence among the owners and to maintain the infrastructure and facilities of the building in optimal and adequate conditions. This regulation allows establishing procedures for decision-making in the administration of the building, which helps to ensure efficiency in the management of common resources and services. Compliance is mandatory for all buildings with several privately owned units.

It is essential that buildings have these regulations because, by establishing clear and precise rules on the use of common areas, the rights and responsibilities of the owners and the maintenance and security of the building, conflicts between owners are avoided and peaceful coexistence is promoted.

The Horizontal Property Regulations must contain:

  • Name and identification of the owner.
  • Name of the building or residential complex.
  • Determination of the land on which the building or residential complex was built (boundaries, area, nomenclature and others).
  • Identification of private property and its use.
  • Identification of common assets.
  • Contribution modules.
  • Construction specifications and safety and sanitary conditions of the building or residential complex.

Legal requirements for the Horizontal Property Regulations:

  • Minimum content: it must contain the rules of coexistence and the administration regime of the building, including the procedure for making decisions in the co-owners’ meetings and the designation of the administration bodies.
  • Approval: must be approved by the co-owners of the building or residential complex in a meeting called for such purpose and must be registered with the competent authority.
  • Publicity: once approved and registered, the regulations must be published and disseminated to the co-owners and other residents of the building, so that everyone is aware of them and of the rules and regulations contained therein.
  • Modification: any modification to the regulations must be approved by the co-owners at a meeting called for this purpose and registered with the competent authority.
  • Compliance: co-owners, residents and building management are obliged to comply with the provisions of the regulations. Failure to comply may result in the imposition of penalties and fines.

It is important that the Horizontal Property Regulations are kept up to date as the conditions and needs of the building or residential complex may change. It must be updated when conflicts arise among the co-owners that are not regulated or when it is necessary to modify the rules on the use and maintenance of common areas according to the demand and needs of the co-owners.

It is also important to verify that the regulations are in accordance with the rules that regulate them and should be updated when they change, so that the regulations are in accordance with the rules that regulate them. complies with legal requirements and new standards, e.g., when building safety standards are modified, the regulations must be updated to comply with them.