Condominium regulations: the essential guide
Condominium regulations play a crucial role, establishing rules for the use, maintenance and management of common areas in buildings shared by several owners. In addition to disciplining resident behavior, this document plays a vital role in preventing potential disagreements.
However, the question arises: is this regulation mandatory by law? What are its essential contents and who takes responsibility for its preparation?
Find the key ideas from this article here
Condominium regulations: mandatory?
Yes, it is 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 is 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 meeting does not do so, the condominium administrator can assume this responsibility, although the meeting 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.
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Content of the condominium regulation
- General provisions: that describe the horizontal property and identify the autonomous fractions and common areas.
- Common areas: must define the care of common parts and conditions of use.
- Rights and duties of condominium owners: must list the rights and duties of condominium owners, including the right to use common areas, obligations to pay dues and rules on works.
- Conflict resolution and dispute situations: must define rules for different conflict situations that may arise.
- Condominium assembly and administration: 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 such as allowing pets, 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 it is part of the constitutive title, the discussion revolves around the need for unanimous consent of the condominium owners to make changes, just like other changes to the constitutive title. When it is not incorporated, changes can be approved by simple deliberation of the condominium assembly.
Who is subject to the established rules
The rules contained in the condominium regulations are applicable to all condominium owners or owners of fractions. Furthermore, they cover the tenants of the fractions, 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 between 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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