- May 18, 2016
Good morning. I just bought an apartment that is located in a residential area with more than 100 homes, a private housing complex, divided into several plots with the garage in common, what is the regime to apply to this community as envisioned by the law, and what is the “community group”?
Adminsitrador: Juan López
Being a private housing complex, we will know what to apply by checking article 24 of the Horizontal property law, according to which, in these cases, is may constitute a single community for those dwellings and common area either, make a group of communities of owners, alternative that should decide the promoter reflecting it in the writing of horizontal division. The specialty that has the Group of communities, is that, enjoying the same status that if it were a single community of owners, shall meet as provided in article 24.3 of the Act in terms of its operation:
a) the Board of owners will be made, unless otherwise agreed, by the Presidents of the communities in the grouping, which shall be entrusted the representation of all of the owners of each community.
b) Agreements for which the law requires qualified majorities requires, in any case, upon obtaining the most concerned in each of the meetings of owners of the communities that make up the group.
c) Unless otherwise agreed by the Board, it shall not apply to the grouped Community provisions in article 9 of this law on the reserve fund “.
Well, these powers of the organs of Government are now limited exclusively to the common elements of grouping like elements real estate, roads, facilities and common services, unless their agreements can undermine any abilities that correspond to the governing bodies of the communities of owners in the grouping of communities.