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MOROSO CO-OWNER ( 2019-02-16 )

The co-owners of a property have the obligation to preserve their common assets to be able to use and enjoy them, such as the land, structures, walls, roof, service facilities, patios, doors, stairs, elevators, etc. . The right of each co-owner over the value of the common property is proportional to the value of the floor, department or premises of his domain.
The law establishes that each co-owner must contribute the necessary expenses to the administration, conservation and repair of the common goods, as well as to the payment of the corresponding insurance premium, in proportion to the value of his flat, apartment or premises. Only the owners of the ground floor and those of the basement of a building are exempt from contributing to the maintenance and repair of stairs and elevators.
The administrator of a condominium is empowered to impose sanctions and fines on infringing co-owners that cause damage to horizontal property, and to order the cessation of acts prohibited by law and by its internal regulations, such as: making building increases , modify the facade of the condominium or works that mean modifications of the existing structure.
The Regulation of the Horizontal Property Law establishes the reciprocal rights and obligations of the co-owners, who may constitute a company that is in charge of the administration of the property and dictate the corresponding internal regulations of the condominium, which must be approved with the vote. of at least two thirds of the co-owners, which will contain the rules on administration and conservation of common property, powers of the administrator, distribution of administration fees among co-owners, and everything that converges to their interests.
The liquidation by expenses that emits the administrator, once approved in the general assembly of co-owners, will have the character of executive title, as it is the case of the promissory notes, bills of exchange and certain type of invoices.
We know few cases in which the administrator of a condominium has demanded the payment of expenses to delinquent co-owners, for the cost and time that this implies, which hurts those who do pay on time; and it causes deterioration in the facilities due to lack of maintenance.
The administrator can sue the delinquent co-owner, with the consequences that this implies, a judgment that can end with the auction of the property of the defaulter. (OR)
Miguel Macías Carmigniani,
Lawyer. Guayaquil

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