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Homeowners Association Problems

In the U.S. when you own a home in a condominium type of community there are rules and regulations governing the use of your home. For example: You cannot operate a business from your home or you cannot make changes to your home with prior permission of the Association Management.

Is there any such thing in Colombia? The community I live in is 15 years old and the boundary markers have disappeared a long time ago. The original boundary markers where made of wood. Now, because of a dispute, the Association has taken a geodesic survey and put new cement markers on each of the 24 properties. This is being done after 15 years!!

I have lived in this house for 1 ½ years and apparently my property is in violation of the boundary markers and the management may ask me to move my property back to the original markers. I have told them that I will not do this. I told them that you cannot come back after 15 years of allowing homeowners to do what they want and then move away and expect the new owner to comply with something he was totally unaware of when the home was purchased.

Any ideas? Is there any set of guidelines describing the rights and responsibilities of Homeowners? I know there are attorney’s who comment in here from time to time and I was wondering if there is any kind of law or statue.

Relevant comments will be appreciated other than ‘let the buyer be aware.’

By Rikito on Sep 10, 2008, 10:04 in Friendly Talkzone.

viajero123 (☼Travelguide writer) says on Sep 10, 2008, 10:12:

What type of "community" do you live in?
That should be ruled by 2 things:
1. Reglamento de Propiedad Horizontal: It will rule all concerning those common areas.
2. There will also be urbanistic local rules set by the town hall regarding what you can and can't do in your property. To build the property they must have also obtained a construction licence which must detail what the licence allows them to do. Any extension or modification must be authorised by them.

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Rikito says on Sep 10, 2008, 11:38:

Great news...this is a start. We have #1 But nada on the second one. We do have an instrument that is titled Instrumento Numero 4.862 Acto Y Otorgante de Propedad.

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nine inch nails says on Sep 10, 2008, 12:22:

I think it's specific to each Association, Need to read all the condo. documents up front before making a purchase. Even if it takes a long time well worth the time spent up front. Even worth it to hire a reputable Atty. if too much legalise.

Another thing you really have to watch out for are crooked condo. boards that steer contracts to friends then try to gouge other homeowners.

The Hedge funds have all gone wild on us!

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Mononoke28 says on Sep 10, 2008, 13:13:

We pay a monthly "cargo de administración" in our building and it's pretty much the same as the HOA fees we have to pay here in the US but with less perks.

Diana

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Sea Gull says on Sep 10, 2008, 14:45:

"i know there are attorney’s who comment in here from time to time"

Like who? ha ha ha ha ha

I have some ocean front property in Medellin if you are interested?

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Gator says on Sep 10, 2008, 19:35:

If the "boundary"is, in fact the recorded survey of the lot-yes you can be forced to move any encroachment on someone else's property.

If the boundary is a "set back"required by the association you may have a claim on non or selective enforcement of the HOA rules. If the association notifies all persons living in the community its intent to enforce that restriction you will likely end up in court.

As I said, if it is a question of you encroaching on someone else recorded property you are likely out of luck. There are some legal defences to this problem and Colombia being Colombia best consult a local attorney. I also assume it is not a condo per se but rather free standing homes each on its own piece of property.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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vicshere says on Sep 11, 2008, 10:05:

also in Colombia what counts is the "scritura" or the official deed when you bought your house....there is no survey with the property but there is a very specific description of the location and size of the property....this should be referred to before make any changes to your home...or have any discussion about the property

listo

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