Legal rights and duties in horizontal property

Legal rights and duties in horizontal property are essential to ensure harmonious coexistence in condominiums and buildings. Understanding these aspects not only protects your interests but also fosters respect among neighbors. In this article, we will explore the legal responsibilities that every property owner should understand to avoid conflicts and ensure that their investment is protected. Get ready to discover how your rights can work in your favor!

1. Concept of horizontal property: definition and characteristics.

Horizontal property is a legal regime that allows for the coexistence of multiple owners in the same building or residential complex, where each owns a private unit, such as an apartment or commercial space, and shares common areas, such as hallways, gardens, and swimming pools. This concept is based on the idea that owners can enjoy their individual spaces while collaborating in the maintenance and management of shared areas. Horizontal property is essential for organizing coexistence among neighbors and establishing clear rules that regulate the use of common spaces.

Among the most notable features of horizontal property are the existence of a constitutive title that defines the different units and common areas, as well as the creation of a community of owners governed by specific statutes. These statutes are essential to define the rights and obligations of each owner, establishing guidelines on the proper use of shared spaces, the fees to be paid for the maintenance of the building, and the decisions to be made in assemblies. In this way, horizontal property not only guarantees individual rights over each private unit but also promotes efficient collective management that benefits the overall well-being of the residential complex.

2. Rights of owners in a horizontal property regime.

In a horizontal property regime, owners enjoy a series of rights that are essential for the full exercise of their communal life. One of the most relevant rights is access to common areas, which includes gardens, pools, and shared lounges. Each owner has the right to use these spaces in accordance with the rules established in the internal regulations, which promotes peaceful coexistence and social interaction among neighbors. Moreover, it is essential that each owner can actively participate in decisions that affect the residential complex, whether by voting in meetings or proposing improvements and changes.

Another important right is protection against arbitrary decisions by the administrator or the board of directors. Owners have the right to be informed about the economic management of the building, including income and expenses, as well as to request clear accounts regarding the use of common funds. This right ensures transparency and allows owners to exercise effective control over how their collective interests are managed. In summary, knowing and asserting these rights is essential to ensure a healthy and collaborative environment within the horizontal property regime.

3. Legal obligations of co-owners: maintenance and care of the property.

Co-owners have a series of legal duties that are essential for the maintenance and care of the property in horizontal ownership. One of the main duties is to ensure that the common areas are kept in good condition, which includes not only cleanliness and order but also making necessary repairs to prevent greater deterioration. Failure to meet these responsibilities can result in penalties or the obligation to cover unforeseen expenses that affect the entire community. Therefore, each owner must be aware of their active role in the conservation of the shared space.

Additionally, co-owners must collaborate with the decisions made in assemblies regarding the maintenance of the building or condominium. This implies actively participating in meetings, expressing their opinions, and voting on proposals related to the care of the property. By doing so, not only is a cooperative environment among neighbors promoted, but it also ensures that all voices are heard and considered. In this way, each owner contributes to creating a safe and pleasant environment for all residents, thus fostering a more united and responsible community.

4. The importance of the statutes and internal regulations.

The creation of bylaws and internal regulations in a horizontal property is crucial for establishing a normative framework that regulates coexistence among owners. These documents define the rules of the game, establishing rights and duties for both the owners and the administration of the building or condominium. Having clear rules reduces the chances of misunderstandings and conflicts, contributing to a peaceful and respectful environment among neighbors. Without an adequate legal framework, differences can quickly escalate into disputes that affect the quality of life and the overall well-being of all residents.

Additionally, the statutes and internal regulations provide guidance on how to handle specific situations that may arise in day-to-day life, such as the use of common areas, the execution of works or modifications in private units, and the resolution of issues related to noise or disturbances. Having these guidelines allows owners to make informed and fair decisions based on pre-established agreements. In summary, these documents serve not only as a legal reference but also promote a culture of collaboration and mutual respect among all members of the community.

5. Responsibilities of the administrator in horizontal property.

The responsibilities of the administrator in the horizontal property are essential for the proper functioning of the community. This professional acts as an intermediary between the owners and is responsible for executing the decisions made in the assemblies, as well as managing the financial resources of the building or condominium. Among their main duties is the supervision of maintenance and necessary repairs, as well as ensuring that the regulations established in the internal rules are adhered to. An efficient administrator not only ensures that these tasks are carried out but must also be available to resolve conflicts and address the concerns of the owners.

In addition to the above, the administrator is responsible for maintaining clear and transparent accounting, providing periodic reports on the community's expenses and income. This includes managing the collection of fees, as well as conducting internal audits when necessary. Financial transparency is key to building trust among the owners and avoiding misunderstandings or distrust in management. Furthermore, they must be aware of the current legislation affecting horizontal property and ensure that all activities are carried out in accordance with these laws, thus protecting both the individual rights and the collective interests of the community.

6. Common conflicts in horizontal property and how to resolve them.

Conflicts in horizontal property are more common than one might think, and can arise for various reasons, from the use of common areas to the lack of payment of fees. One of the recurring problems is excessive noise generated by a neighbor, which can affect the peace of the others. To resolve these types of situations, it is essential to establish an open channel of communication between the owners and promote respectful dialogue. In many cases, a simple conversation can help reach an agreement that benefits both parties and avoids misunderstandings.

Another common conflict relates to decisions made by the community in assemblies, especially when owners disagree with the resolutions adopted. It is essential for all members to understand their rights in order to actively participate in these meetings and express their opinions. Furthermore, having a clear internal regulation that includes procedures for challenging decisions can be key to maintaining harmony. Mediation can also be a useful tool in these cases; seeking the support of an impartial professional allows for addressing differences with a renewed perspective and facilitating equitable solutions that strengthen coexistence in the building or condominium.

7. Legal procedures in case of breach of obligations.

In the context of horizontal property, it is essential for owners to be aware of the legal procedures that can be undertaken in case of non-compliance with obligations. These procedures are designed to safeguard the rights of all owners and ensure that the rules established in the internal regulations of the building or condominium are respected. When an owner fails to fulfill their responsibilities, such as paying fees or adhering to community rules, other owners have the right to act to protect their investment and ensure peaceful coexistence. Legal procedures may vary according to local legislation, but generally include the possibility of filing claims with the property management or even initiating legal actions if necessary. It is important for owners to properly document any non-compliance and follow the established process to notify the offender before escalating the situation. In this way, the aim is to encourage an amicable resolution and avoid greater conflicts. Knowing these procedures is essential to maintain a harmonious environment and prevent unpleasant situations from affecting the quality of communal life.

8. Practical tips for exercising your rights correctly within the condominium.

To exercise your rights correctly within the condominium, it is essential to be well-informed about the regulations and rules that govern the horizontal property. Start by carefully reading the internal regulations of the condominium, where the rules of coexistence are detailed, as well as the procedures to follow in case of conflicts. Familiarizing yourself with these documents will allow you to know your rights, such as the use of common areas and participation in important decisions during assemblies. Do not hesitate to request clarifications from the administration if you have questions about any point, as this will strengthen your understanding and ability to act according to what is established.

Another recommended practice is to maintain effective and respectful communication with your neighbors and board members. Actively participating in condominium meetings not only gives you the opportunity to express your opinions and concerns but also allows you to hear the worries of other owners. By establishing a collaborative environment, it is more likely that beneficial agreements for all will be reached. Additionally, if you believe that any of your rights are being violated, make sure to document any incidents and formally submit your complaint following the channels established by the condominium. This will help protect your position and facilitate a fair resolution.