EXTRA FEE TO MAKE JOINT ARRANGEMENTS

Extra fee to make joint arrangements

The resident of an apartment asks: “When a work is scheduled in a condominium complex, is it mandatory that the instalments be defined by the coefficient, or may there be another method of payment, for example, equal instalments for all owners?”.

Answer. Law 675 of 2001 establishes that the co-ownership coefficients determine the participation rate with which each of the owners must contribute to the common expenses of the building, through ordinary or extraordinary fees.

Therefore, for the query made, if it is about works for the whole and there is no budget to carry them out, an extraordinary fee should be set taking into account the coefficient of co-ownership.

Changes to the regulation

One owner comments that in a group they want to reform the horizontal property regulations. “To do this, they summoned an extraordinary assembly on February 26 and said that in order to manage approval it was ‘the only summons’; furthermore, that a 70 percent quorum was required.

“However, there was no quorum and, therefore, it was determined that the assembly would be held today, March 5. I ask: in the second subpoena, which was not sent in writing, can you approve the reform with the people who attend without counting on 70 percent?

“The first was sent by email, not in writing, with the regulations and the project modifications; therefore, many people are not aware of the reform proposal. Is the procedure irregular?

Answer. Any call for an assembly, be it ordinary or extraordinary, must be sent to the last address registered by each owner.

I consider that the address to which the standard refers is the nomenclature of the property. The Law establishes that when the assembly cannot meet due to lack of a quorum, a call will be made for a new meeting to be held on the third business day following the initial call, unless the regulations establish something different.

In the second, the reform of the regulation can be approved, only if there is a decision-making quorum.