Antecedentes de la propiedad horizontal en Colombia

Díaz Hernández, Jeimy Andrea | 2016

Horizontal Property is born from the moment that the scheme for a building, which is usually done in a public deed to access the Land Registry is constituted. Next to that Constitution, they will also be awarded the Statutes, which contain the rules for the exercise of property rights and all matters relating to government building, expenses, conservation. It is very important that those statutes are registered in the register of the property so that they can affect third parties, although there are many communities which refer without more generic rules, defaults of the Horizontal Property Act itself. We can define the horizontal property as a regime that regulates how a property and the relationship between the owners of private property and common goods that have been removed from land or building is divided. Condo allows the organization of the co-owners and maintenance of the common property. Condo is a mixture of individual ownership and participation. It is a non profit differently from other non-profit organizations. There may be individual ownership and co-ownership without any horizontal property and this is the case of closed real estate units, which can also coexist within the same building complex with condos. Early last century, until 1960, were issued in many countries laws that harbored both condos as the Closed Real Estate Unit, which property law were called by flats and apartments, but then tended to issue individual laws for each type of property. In Colombia, Law 675 2001 dedicated the first titles to the horizontal property and the last at Closed real estate units. A horizontal property also is called condo and law permanent residence. Each owner may use the common property according to their destination, without prejudice or restrict the legitimate rights of others. The right of every owner of the commons, will be proportionate to the value of the department or floor of your property, to be fixed by agreement of the parties or failing by the real estate capacity, for the purposes of tax or fiscal contribution.