Webinar Answers: The Most Frequently Asked Questions from Horizontal Properties in Quarantine

This article was published in August 2020 and answers questions about COVID-19 quarantine measures in force at that time, which may no longer apply. It is kept as a historical reference.

In this post you will find the answers to the comments made in our first webinar with Neivor.


How can we handle a co-owner who runs home delivery liquor sales and does not accept warnings because it is supposedly not a business, while the co-ownership is concerned?

Under item 9 of Article 38 of Law 675, the assembly is responsible for: "Deciding on the appropriateness of penalties for breach of the obligations provided for in this law and in the horizontal property bylaws, observing due process and the right of defense established for the case in the respective horizontal property bylaws." In the case mentioned, there could be a violation not only of the bylaws (RPH) but also of the police rules on land use, which constitutes a contravention, so the matter must not only be considered by the assembly to impose penalties, if applicable, but also reported to the corresponding police authority.

A member of the coexistence committee could resign at any time, but before the body that appointed them, that is, the co-owners' assembly.

Yes, a committee member can make their resignation effective whenever they see fit. In accordance with the rules on the subject, the resignation must be submitted in a timely manner and in due form to the authority that appointed them, whether the Administration Council or the General Assembly of co-owners, as stipulated in item 3 of Article 38 of Law 675 of 2001: "Freely appoint and remove the members of the coexistence committee (…)"

Renovations have been authorized since July 1, contractors register in order to work and with the PMS, and some administrators do not want to let work go ahead even though the biosecurity protocol is in place. What can be done, and how far do the council and the administrator's powers go?

In this situation, there are two important elements to consider. First, if all the documentation required by the relevant rules is in place and the administrator still opposes the activity, one can speak of the administrator's personal liability for exceeding their functions, as established in Article 50 of Law 675.

Second, it is important to stress that oversight, inspection, and control of Horizontal Properties fall to the Local Mayoralties (Alcaldías Menores). Therefore, if a situation like this persists after negotiating with the Administrator, the best course is to contact the corresponding Local Mayoralty so it can look into the case. Remember that you can also bring a civil action (lawsuit) if you suffer damages because of this.

Could you explain a bit more about the food handling rules (deliveries), and how to handle the matter if there are sick people who cannot receive them directly?

Deliveries are currently regulated by Decree 535 of April 11. This rule established several measures aimed at mitigating the harmful effects of the pandemic on people's lives and health. There is also an important joint circular from the Ministry of Health and Social Protection, the Ministry of Labor, the Ministry of Commerce, Industry and Tourism, and the Ministry of Information and Communications Technologies (15 of 2020), which sets out general protocols for companies providing delivery and courier services and related digital platform operators.

The measures include disinfection, washing, and cleaning protocols, and promotion of electronic payment to avoid handling cash, and also refer to time restrictions for these services. It is important to consult these rules and follow them strictly. Regarding the case mentioned, a system of assistance for sick people should be established; Neivor can facilitate this through its platform to find out who is sick and propose solutions.

When there are no internal bylaws, can a coexistence manual be created?

The horizontal property bylaws must be established by public deed. It is an obligation without which horizontal property does not legally exist, and these bylaws normally include the measures and rules on coexistence among co-owners. If the horizontal property exists de facto (without bylaws), their drafting and registration should be pursued promptly, since failing to do so exposes them to fines and difficulties in complying with and enforcing rights and in resolving coexistence problems.

If you want to see the other answers to the webinar questions, you can find them on the Neivor Latam blog.

#WeWantToBeThere

El asistente jurídico digital de Jurídiconline analiza tu situación específica. La revisión inicial es gratuita.