An owner asks: “During the end of the year celebrations, can the communal rooms be used without a time limit?”
Answer. It is necessary to verify in the horizontal property regulations and in the internal regulations or the building’s coexistence manual, the schedules and other conditions of use of the communal rooms.
It should be noted that these common goods must be used in accordance with the provisions of these road maps, in Law 675 of 2001 and in other concordant regulations, such as the National and District Police codes, and environmental regulations, especially those that regulate control noise.
The use of the communal rooms of buildings and complexes is limited by the rules and by the rights of all owners, residents and users, to life, health, safety, privacy, tranquillity and a healthy environment, which at no time can they be violated by the users of the common goods with a specific destination.
The administrator of the residential complex comments that on September 22 an extraordinary assembly was held to request an extraordinary fee.
And he explains: “Because the complex, made up of 38 apartments, has no elevator, and that even with maintenance it cannot be fixed, it seems that a new one should be purchased.”
He adds that “due to inconveniences that arose the day after the meeting, the board of directors decided that we should declare the meeting void because we did not want to take risks. We can do it? What would the legal procedure be?
Answer. Law 675 of 2001 determines that the decisions of the assembly may be challenged by the administrator, the fiscal auditor and the owners, in cases in which they are contrary to the law or the horizontal property regulations.
In accordance with the foregoing, the challenge must be presented to the competent judge, who will be in charge of deciding whether the decisions made by the assembly are declared invalid or not. Therefore, the board of directors does not have the power to annul the decisions.
However, a new extraordinary meeting could be called in order to correct or clarify the possible inconsistencies that are occurring, regarding the approval of said extraordinary fee, which would be used to purchase the new elevators.