Superintendency
Colombian law on Horizontal property, despite not set sanctions as that contained in Chilean law, in its article 30 on the non-payment of bills, gives a remarkable precedent in this regard: delay in the fulfilment of the payment of expense, cause interest on arrears, equivalent to one and a half times the current bank interest, certified by the Bank Superintendency. While this failure persists, this situation may publish in the building or set. The minutes of the Assembly will include homeowners who are in arrears. PARAGRAPH. The publication referred to in the present article only may be made in places where there is no constant traffic of visitors, guaranteeing your due knowledge by co-owners. Leaving aside the constitutional discussion that it could bring, we believe that the solution that delivers the Colombian legislation in this regard is totally applicable in our country.
We must take into consideration that the aforementioned article, prevents undergo questioning with constitutional basis, every time he warns that you such notices may only be placed in places little transit of strangers to the condominium. In general terms, we say that in our country it is usual that some condominium is Yes use this practice as a medium admonitory for co-owners, however, in our view, while there is no express legal regulation in this regard, that practice will continue staying at the limit of legality.(b) a second possible solution to reduce the high rate of delinquency that usually occurs between co-owners, we believe is the possibility that the law may provide greater authority the Committee of administration or proper administrator. These attributions may include for example, the possibility of temporarily deprive the use of common spaces to co-owners who do not pay the common expenses. This deprivation should be understood from our point of view, in the enjoyment of recreation rooms, in the cut of gas supply in certain hours of the day, among others for example. Finally, a problem related to the payment of the common expenses in the buildings, and that it has no other solution to the modification of the legal text, says relationship with the non-existent obligation that have real estate agents pay at least the first two months of common costs.
These expense correspond you by virtue that they are owners in a first moment of great part of the departments. It often happens that the REALTORS have no incentive to pay such first months, every time that the law does not provide any sanction for them in that case. It is evident that the first payments of common expenses are really necessary to instruct it to run an apartment building, and in that sense, it is also urgent to urge a drastic change in the legislation that points in that direction.
