Law and Regulations: Guidelines that Make Better Neighbors


The Condominium Law (number5038) was approved 49 years ago, on November 21, 1958, in a context that was very different to today. However, we don’t currently need a change in the law, but rather the creation of clear and specific regulations for the good relations between co-owners.

Traditionally, property registered under the Condominium law has only complied with the minimum requirements established in its text:

• Provide a description of the apartments or establishments.
• Determine the percentage of common costs.
• Number of votes required for decision-making.

However, in the current context, where the vertical growth of the city more than a reality is a necessity, the Condominium Law takes on renewed importance. It is the moment to create new regulations to the law so that, in an effective and real manner, we can have the adequate mechanisms for the prevention and solution of problems faced everyday by co-owners of these properties.

To this end, we need to reform the Condominium law, since the problems faced by co-owners are not caused by the lack of a legal framework, but to its incorrect application. Law number 5038 creates the action framework in which the parts are free to create their own rules of coexistence, as long as, of course, they fulfill the minimum requirements established by the law.
Under this system, it is perfectly possible to establish the rules in a way that is clear and specific, so that every person interested in investing in a condominium can learn ahead of time the regulations that will rule the daily living conditions.

This means, for example, setting clear aspects such as external aesthetics, security mechanisms, colors, curtain design, garbage pickup service, moving hours, etc.

Golden rules

The law establishes two fundamental principles for the payment of common expenses and compliance to other condominium norms:

• First, the possibility of limiting the use and enjoyment of common areas.
• Second, the enjoyment of privileges by co-owners who are up to date with the payment of common expenses.

Therefore, those co-owners that cover the common expenses of debtors have the right to register for a privilege in their favor over the property of the non-paying co-owner.

Although some could interpret that the application of these principles limits the right over property, we must remember that in every agreement in society the ultimate goal is to make sure that individual rights don’t interfere with the rights (individual or collective) of other people. Unfortunately, in most cases, this goal can only be accomplished through the establishment of punishments that obligate the parts to comply to the agreement.

In this sense, more developers, owners and investors are interested in protecting their rights and investment. They dedicate time and effort to the creation of condominium regulations that adjust to the project and the common interests of co-owners.

This is an example that should be followed, since good condominium guidelines can guarantee the enjoyment of the investment in an environment where it is possible to live in peace and harmony with all co-owners.