PENALTY FOR NOT ATTENDING THE MEETING OF CO-OWNERS
There are important decisions that affect the day-to-day life of those who live in properties subject to the horizontal property regime.
An owner who resides in a condominium, in Cali, says that he was penalized with a charge of 150,000 pesos for not attending the assembly. “The fine was made effective in the joint monthly invoice where, in addition, the amount of the administration fee appears. However, the sanction is not related to the minutes of the assembly. It is not in the regulations either. How can I do so that Will this sanction be reversed? ”
As stipulated in Law 675 of 2001, in order for the assembly or the council to impose sanctions for breach of obligations, including the imposition of fines, due process, the right to defence, and contradiction and challenge must be respected.
The norm adds that the intentionality of the act, the recklessness or negligence, as well as the mitigating circumstances must be assessed, and criteria of proportionality and graduation of the sanctions will be addressed, according to the seriousness of the offence, the damage caused and the recidivism. . The Law adds that it is necessary that the regulations indicate the behaviours subject to the sanctions and those that proceed in each case.
The affected person can challenge before the judge within the month following the communication of the sanction. Otherwise, you must pay the fine, which may be collected in accordance with the procedure determined in the regulations. Attendance at the assemblies is a duty of the owners since the fact of not attending personally or by representation can also harm the other owners. This is because the most important decisions require a qualified quorum of owners representing at least 70 percent of the total coefficients of co-ownership.
More about assemblies
Mr. Juan Carlos Gutiérrez Casas asks: What are the legal formalities based on which the assembly of co-owners must be convened and held so that it is not flawed? “.
In order for the decisions not to be challenged for being flawed, the formal requirements provided for in the horizontal property regulations and in Law 675 of 2001 must be met.
The preparation of the assembly so that it conforms to the rules starts from the call. Then – during the meeting – it is necessary to observe the provisions of the law, especially those of the decision-making quorum.