IN MODIFYING THE COEFFICIENTS, THE ENDORSEMENT OF THE CO-OWNERS IS IMPORTANT

In modifying the coefficients, the endorsement of the co-owners is important

A group of owners of a mixed-use building (offices and commercial premises) commented that in an extraordinary meeting it was agreed to review and adjust the property coefficients; this, because several private properties have been reformed and the built areas do not correspond to those that were taken as the basis for the initial calculation of the regulation.

The consultants, who have expressed their disagreement, consider that their rights and form of contribution would be changing them at the common expense. Therefore, they request an opinion on the case, since the point will be included in the decision of the next ordinary assembly.

Answer. Co-ownership coefficients not only determine the participation that the owners have over the common goods and the legal entity but also their right to make key decisions for the building or complex. In fact, they are decisive for setting the ordinary and extraordinary expenses (fees).

Except in the case of provisional coefficients – in accordance with the provisions of the real estate regulations that are carried out in stages, and those provided for in article 28 of Law 675 of 2001 -, the coefficients cannot be modified without express consent. Of the owners to whom this index is varied. In the events cited by law, a decision quorum of 70 percent of the total coefficients is required.

On the other hand, the Horizontal Property Law is clear regarding the matters that are the object of deliberation and decision in the ordinary assembly; for this reason, I consider that the reform of the regulations in this regard should be submitted to the decision of an extraordinary assembly in the cases provided for therein, especially because of its importance.

Doing so would not ignore the rights of the owners affected and not attending, who could challenge the decisions made. In any case, decisions that require a qualified quorum of 70 percent of the coefficients cannot be taken in second-call meetings or in non-face-to-face meetings.