What are horizontal property rules?
When a horizontal property is a domain, it has spaces of private domain and at the same time of common domain, the form of administration and use of said spaces must be agreed upon via a public deed, as explained by Law 675 of 2001.
- Chamber of Commerce certificate of existence and legal representation, if it is a legal entity.
- Construction license with a note that it has been adjudicated.
- Architectural plans/Blueprints.
- Document detailing boundaries, common areas and the statutes of co-owners.
Is it possible to change the horizontal property regulation after being agreed upon?
Yes, it is possible, however, the new regulation must be approved in a general assembly, then present the minutes of the assembly and the minutes in magnetic media at the notary, together with the National ID Card and the certificate of appointment of the administrator or legal representative.
What information does the horizontal property regulation contain?
According to law 675 of 2001, Article 5. the public deed that contains the rules of horizontal property must include at least:
- The name and identification of the owner.
- The distinctive name of the building or set.
- The determination of the land or lands on which the building or assembly is erected, by its nomenclature, area and boundaries, indicating the title or acquisition titles and the corresponding real estate registration sheets.
- The identification of each of the good of a particular domain according to the plans approved by the Municipal or District Planning Office or by the entity or person that does this work.
- The determination of the common goods, with the indication of those which are essential, and of those whose use is assigned to certain sectors of the building or assembly, where appropriate.
- Co-ownership coefficients and contribution modules, as the case may be.
- The destination of the property of a particular domain that makes up the building or assembly, which must conform to the current urban norms.
- The construction specifications and safety and health conditions of the building or assembly.
In addition to this basic content, horizontal property regulations will include regulations related to the administration, direction and control of the legal person born by the ministry of this law and the rules governing the law. organization and operation of the building or assembly.
Keep the following in mind:
Paragraph 1: In no case shall the provisions contained in the horizontal property regulations violate the mandatory rules contained in this law and, in such a case, they shall be construed as not written.
Paragraph 2: In municipalities or districts where there are geo-referenced property tax plans, adopted or duly approved by the competent cadastral authority, they may replace the elements of determination of the land set out in the third paragraph of this Article.
Paragraph 3: The horizontal ownership regulations of commercial buildings or assemblies may, in addition to the minimum content provided for in this law, enshrine regulations to preserve effective exercise. and continued commercial activity in private property, and to promote to its location according to the specific or sectorial use to which they are destined, as well as the specific obligations of the owners in relation to their property private.
Paragraph 4: The horizontal property management regulation may not contain rules that prohibit the disposal or taxation of private domain property, nor limit or prohibit the transfer of the same to any title.
Article 6: Annex Documentation. With the public deed of incorporation or addition to the horizontal property regime, as the case may be, the building license or the document that it does its times and the plans approved by the competent authority showing the location, line, nomenclature and area of each of the independent units which shall be the subject of exclusive or particular ownership and the general point of view of the areas and goods for common use.
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