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Who pays for that repair in your building

The real argument is not «common or private»: it is «minor repair or necessary improvement». One and the same exclusive-use terrace gives different answers depending on where the cost came from, and three of the four are not paid by the same person.

Who pays in a shared building

A joint degraded by the sun after years of normal use. That is reparación locativa (upkeep).

Whoever has the exclusive use

Upkeep for wear from legitimate use and the passing of time is down to whoever enjoys it. The element is still common property: what changes is who uses it, and with that, who pays for what.

Ley 675 de 2001, art. 23, para. 3 and sub-para. 1

The element is still common property. Article 22 names terraces, roofs, internal courtyards and setbacks expressly as assignable for the exclusive use of the owner who, by where it sits, can enjoy them. What the assignment changes is not ownership: it is who uses it, and with that, who pays for what.

Resealing a joint degraded by the sun after years of normal use and rebuilding waterproofing that never had a fall look identical from the flat below, and different people pay for them. What settles that argument is a technical diagnosis, not the general meeting.

And if it has to go to a general meeting

The general rule is half plus one of the ownership shares represented at the meeting. These four decisions require 70 %, and they tend to come up in a reform:

  • Amending the commonhold regulations.
  • Releasing a non-essential common element from common ownership.
  • Approving common charges that are not necessary, such as a voluntary improvement.
  • Imposing extraordinary charges that, over the budget year, add up to more than four times the necessary monthly charges.

It is 70 % of the ownership shares that make up the building or development, not 70 % of those who turned up. And those decisions cannot be taken at a meeting held remotely, nor at a second-call meeting unless that same 70 % is reached.

No set of regulations can demand more than 70 %, except to wind up the commonhold. Higher majorities appearing in regulations are treated as not written.

Ley 675 de 2001, arts. 45 and 46

It is cracking. It leaks. Something is wrong.

A technical inspection to establish what is happening and why, before spending on repairs that do not address the cause. You get the diagnosis in writing, with the remedies and the order to do them in.