They ask the readers: “In accordance with Law 675 of 2001, the initial owner must appoint a provisional administrator until the requirement of the alienation of 51 percent of the coefficients is met. In that period, Can the provisional administrator define the administration budget and charge the new owners and the initial owner according to the co-ownership coefficients? Are the co-owners obliged to pay expenses for common areas or administration fees defined by the provisional administrator until the first assembly is held?
(Read also: What are the functions of the administrator when there is no legal status?)
Answer
According to the horizontal property law, While the competent body does not choose the administrator, the initial owner will act as such, who may contract this management with a third party. The provisional administrator can collect the administration fees in accordance with a provisional budget (prepared by him for the building or complex) and it is the obligation of the owners to pay the expenses generated by the common goods and services, from the moment they receive their private units or from the moment that has been foreseen in the horizontal property regulation and in the respective contracts.
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While an administrator is chosen, the owner will be able to take care of the management.
About the Single Registry of Final Beneficiaries (RUB)
ask
“Many of us would appreciate your important comments and illustration on the Single Registry of Final Beneficiaries (RUB) so that the apartment owners, through the administrations, comply with this obligation, whose term is for July 31, 2023”.
Answer
In an article published in this space on November 11, 2022, I dealt with the issue related to the obligation of legal persons of horizontal property to provide information to the Dian in the RUB, through electronic means, previously identifying the beneficiaries that meet the criteria set forth by the applicable standards. According to Resolution 01140 of December 27, 2021, the aforementioned entity proposes the term until July 31, 2023. Although several people and private entities have done training on how to comply with the regulations and advance this process, the Dian has also made a wide diffusion and on the page of the entity there is written information and conferences on the subject.
(Other news: Do you have to be a resident to be a housing development council member?)
Exclusive parking spaces
ask
“In the complex where I live, some parking lots and warehouses were built as common property for exclusive use. I acquired one by paying the corresponding value of the deposit and my question is If the respective plans must be registered in a notary to give it the respective validity or what requirements must be given to them for their legalization?”.
Answer
In the boundary plans that must be approved by the planning offices or curatorships, and that are protocolized with the horizontal property regulations, as the case may be, private and common assets are determined, but In general, it is not stated whether or not they are for exclusive use, which is done in each horizontal property regulation or in the deeds as established therein. Assets for exclusive use do not have an independent real estate registration page or co-ownership coefficient. Law 675 of 2001 admits the protection of common goods for exclusive use but not their sale. The case must be reviewed with the necessary supports.
Distribution of parking spaces in the horizontal property
ask
“The building where I live has a construction license from 1980, which authorizes 11 apartments and a semi-basement, which is a common area with 11 parking spaces for exclusive use. Should the horizontal property regulation of this building include the distribution of these parking spaces? Can the assembly of co-owners approve more than 11 parking spaces in this building?
Answer
If the garages were not contemplated and assigned exclusively in the horizontal property regulation or in the title transfer deeds of the private units in accordance with what it has provided, the assembly can assign them to the owners, as provided by law , in an equitable manner, as long as the urban planning and construction regulations are not contradicted and with the quorum and conditions set forth in article 46 of Law 675 of 2001.
NORA PABON GOMEZ
LAWYER – EXTERNAL ADVISOR
inquiries
Send your question, very specific and without annexYes, to the email: redaccioneconomicas@eltiempo.com