What is the document of horizontal property rules?
This takes place via a registered public deed, when a property or group of properties that are close together are under a regimen where properties of a specific dominion exist, as well as others of a common dominion. Under this deed, the way things will be managed must be agreed upon.
- Certificate of the chamber of commerce as well as legal representation.
- Architectural plans.
- Document detailing adjacent areas, common areas and the property owners statutes.
Frequently Asked Questions
May the horizontal property rules be changed?
Yes, for this to happen, the new set of rules must be approved by a general assembly, presenting the transcript of the assembly in a digital format, along with the national ID card and the act that names the administrator or legal representative.
What is contained in the deed or document for the horizontal property rules?
According to law 675 de 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 land 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 particular domain goods according to the plans approved by the Municipal or District Planning Office or by the entity or person that does its own times.
- 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 particular domain that make 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.
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.
Paragraph: If discordance is found between the writing of constitution or addition to the horizontal property regime and the documents mentioned in this article, the respective Public Notary will be made aware of it and it will be expressed in writing.