IF YOU CAN’T DO THE ASSEMBLY IN MARCH, KEEP IN MIND…

If you can't do the assembly in March, keep in mind ...

A reader asks: “As a condo manager, I will not be able to hold the annual meeting in March. How do I proceed to summon it in April?

Answer. The law establishes that “in the event that the assembly is not called to meet within the three months following the expiration of each budget period, it may meet in an ordinary way –by its own right– on the first business day of the fourth month following the expiration of each budget period”.

And he adds that he will do so “at the place and time indicated in the regulations or, failing that, at the facilities of the building or complex at 8:00 pm.” This means that it is necessary to verify what the regulation establishes on the subject.

Mixed-use buildings

An owner tells that she lives in a building with 30 apartments that have the same area and, therefore, the same coefficient. “One on the first floor is inhabited by a family who put in a space equivalent to 50 percent a small store that serves us residents and occasionally the outside public. For that detail, will we be mixed-use? Likewise, they pay the same value as an apartment”.

Answer. The way to find out if the building is legally mixed and, therefore, the rules for this kind of use apply to it, is to examine the building license with its modifications, as well as the horizontal property regulations to establish if the premises are approved. In accordance with the aforementioned documents.

If this is not the case, it must be verified if the urban regulations allow it and if the joint ownership accepts this use; in case it endorses it, the adaptation and reform license must be obtained, and the approval of the assembly for the change of destination of the unit; In addition, the horizontal property regulations must be modified. The same reader tells that since the construction license was granted, the horizontal property regulations read that “the residential unit called ‘Multifamily’ was constituted, composed of 2 blocks or buildings of 4 floors each, for a total of 40 apartments and 2 commercial premises ”. Question: “Is this building a mixed-use building, even though the regulations say it is a residential unit?”

Answer. Law 675 of 2001 defines mixed-use buildings or complexes as real estate whose private property assets have various destinations such as housing, commerce, industry or offices, in accordance with current urban planning regulations.

Regardless of the name of the complex, if the aforementioned private units are listed as commercial premises in the building license and horizontal property regulations, the building is mixed-use. Otherwise, the respective legalization must be done.