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Condominium regulations play an important role in establishing rules for the use, maintenance, and management of common areas in buildings shared by multiple owners. In addition to governing resident behavior, the regulations play a vital role in preventing potential disagreements.
However, this raises the question: Is this regulation mandatory by law? What essential contents must it include, and who is responsible for its preparation?
Find the key ideas from this article here
Condominium Regulations: Are They Mandatory?
Yes, regulations are mandatory whenever there are more than four condominium owners. In cases where there are only three condominium owners, the law does not require its preparation, regardless of the number of autonomous units present in the condominium. The regulation may be incorporated into the constitutive title of the horizontal property, as provided for in Article 1418 of the Civil Code. If it’s not included, and there are more than four condominium owners, a regulation must be drawn up.
Preparation and Approval of the Regulation
The regulation must be written and approved by the condominium assembly. If the assembly does not do so, the condominium administrator can assume this responsibility, although the assembly must later approve the document.
If the regulation is not incorporated in the constitutive title, it can be approved by a simple majority. Otherwise, unanimous approval is required. b
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Content of the Condominium Regulation
- General provisions: Describes the horizontal property and identify the autonomous fractions and common areas.
- Common areas: Must define the care and conditions of use for common areas.
- Rights and duties of condominium owners: Must list the rights and duties of condominium owners, including the right to use common areas, the obligation to pay dues, and rules regarding renovations and modifications.
- Conflict resolution and dispute situations: Must establish rules for handling various conflict situations that may arise.
- Condominium assembly and administration: Outlines the rules for the functioning of the condominium assembly and the responsibilities of the condominium administrator.
- Insurance: Details of mandatory fire, lightning or explosion insurance for the building.
- Practical issues: Allowing pets, using drying racks on balconies, and cleaning common areas can also be addressed.
It is important to note that all rules in the regulation must comply with current legislation. For example, the regulation cannot stipulate noise hours that contradict what is established in the Noise Law.
Changes to the Regulation
The condominium regulations can be changed. When they are part of the constitutive title, unanimous consent of the condominium owners is required to make changes, similar to other changes to the constitutive title. When the regulation is not incorporated into the constitutive title, changes can be approved by simple majority of the condominium assembly.
Who is Subject to the Established Rules
The rules contained in the condominium regulations apply to all condominium owners or owners of units. Additionally, they cover the tenants of the units, that is, those who occupy them under a lease contract. They are also binding for borrowers, who live in the units on loan, and for usufructuaries, who have the right to live in the units without the possibility of selling them. These guidelines aim to ensure compliance with the rules established within the condominium.
Conclusion
The condominium regulation is a vital document for life in condominiums. It establishes the rules for harmonious and effective coexistence among owners and helps to avoid conflicts. Therefore, it is essential that it is prepared, approved, and revised as necessary, always in accordance with current legislation.
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