Voluntary administration fees and relocation payment agreements: Can they be made? What should I do?

Nora Pabón Gómez, a lawyer specializing in horizontal property issues, among others, answers readers' questions about issues related to the management of residential complexes and the coexistence of tenants and owners in these types of urban developments.

“I want to know what I should do; I live in a complex of 2- and 3-story houses. I bought a 2-story house, which was sold with the feasibility of building a 3rd floor. I did so with the corresponding building permit. Since the construction, the administration has been charging me the value of a 3-story house, but my coefficient is still for 2 floors. I have asked them many times in meetings to fix this inconsistency , but they refuse and say that I should be aware and honest that if I live in a 3-story house I must pay the corresponding value and that in order to change the coefficient they must hire a lawyer who charges a lot and that there is no budget for this. I don't know what to do. Can you guide me?”

This situation apparently arose from a lack of foresight in the horizontal property regulations, since if three floors were planned, a coefficient should have been determined to be applied when the built-up area was larger.

Consequently, the immediate step is for the administration to review the co-ownership coefficients and determine whether one of the causes contemplated by Article 28 of Law 675 of 2001 exists, so that the owners' assembly, with the favorable vote of a number of owners representing 70 percent of the total coefficients, approves the reform of the regulations regarding its modification.

The administration fees come from the budget approved by the assembly, and this must comply with the law and the horizontal property regulations. Therefore, it is impossible for them to legally charge a higher fee to the owner, even if the additional floor has been built. As some directors claim, this payment would only be made at the owner's discretion. There is no legal basis for collection, nor could it be said that this debt is owed to the condominium. Therefore, it would be necessary to find a way and resources to carry out and legalize the modification by all owners, taking into account that the amount owed for administration, likely not from one owner but from several, may be more expensive than the amount owed to legalize the renovation. The fact that the fees cannot be amended by approval of the assembly does not mean that it cannot be done through legal action.

“I've been a building manager for three years. An owner made a payment agreement with the board and management; he paid the first installments and moved out. Some owners have held me responsible, arguing that not only could the money be lost, but I didn't issue an order to prevent the debtor from moving out. I did all this with the approval of the board of directors. I want to know how I should proceed with the co-ownership, as my contract will soon end and I don't want to leave any unfinished business.”

First, it's important to keep in mind that the move cannot be withheld, nor can you be prevented from selling or renting your apartment. It's also important to verify how you guaranteed compliance with the agreement, because just because you've moved out doesn't mean there aren't legal mechanisms to enforce your obligation.

Furthermore, if you transfer your property, you will need to request a clearance from the administration, and the administration may certify the debt you owe so that the document can be attached to the corresponding deed. If the buyer signs it, they will automatically be jointly and severally liable for the previous debt.

If the apartment is rented, a letter must be sent to the new tenant stating that the owner owes the management and that the landlord assumes joint liability for the management fees. This is without prejudice to any legal action.

In short, neither the administrator nor the Board could prevent the debtor from removing his move, and the debt could be collected from the debtor owner, the new owner, or the tenant. In the latter case, the tenant would only be responsible for paying the regular installments.

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