Publications

The Horizontal Property Law establishes in its article 114 that in order to carry out a transfer of a farm that is registered under the Horizontal Property Regime, it is a requirement to present several written evidence before the notary, one of them being the Paz y Salvo that gives faith that the property is up to date with its economic obligations towards the horizontal property to which it belongs.

It is up to the promoter to prove that there is an increase in the cost of the work and that this increase must be reflected in the amount agreed for the sale and taking into account the increase percentages.

The answer is found in the reading of article 28 of Law 284 of February 14, 2022, "On the Horizontal Property Regime and Subrogated by Law 31 of 2010"

24. Contingency Fund. Mandatory amount collected annually to meet and finance the obligations, works or expenses that arise unexpectedly within the horizontal property, made up of at least 1% of the total annual income and common expense quotas of the owners of the horizontal property. …”

The owners of a real estate unit must be clear about their obligations to avoid setbacks and misunderstandings with their neighbors, the administration or the Board of Directors to avoid fines and penalties.

For those who are related to the world of Horizontal Property, it is not a secret that one of the main problems for the operation of a PH is precisely the non-attendance of the owners to the meetings.

Common goods and social areas are concepts that are often confused by those who live in a PH on a daily basis or by those who usually deal with these properties on a daily basis, whether they are owners or not.

The right thing to do at the moment of having an interest in acquiring a property (real estate unit) within a PH is to find out exhaustively about the entire project, about everything that will correspond to it as property, which includes the common areas and not to assume that because it seems common is.

Our legislation has contemplated the right of a claim for damages, which cannot be seen or discovered with the naked eye, but which threatens the investment made.

He tells us about the obligation of the Administration, who are the ones who plan, manage, coordinate and so on the day to day of the PH so that the resources are used respecting the Law, the regulations and the decisions of the Assembly of Owners.

It is clear that those who make up the Assembly of Owners of the Horizontal Property meeting and therefore have the Right and Obligation to attend it are the OWNERS who, in case of being up to date with the payment of the Shares of Common Expenses at the moment If the meeting is held, they will have full rights, that is, to be heard and cast their vote.