The law and the documento de condominio
Apartment buildings are governed by the Ley de Propiedad Horizontal (Condominium Law), Gaceta Oficial (Official Gazette) No. 3.241 Extraordinario of August 18, 1983. That Gaceta amends article 26 and reprints the full law, which repeals the 1958 law, amended in 1978. The Asamblea Nacional (National Assembly) lists it as fully in force. The governance of the building is split among the asamblea de copropietarios (owners' assembly), the junta de condominio (condominium board) and the administrador (administrator) (article 18).
Before selling the first apartment, the owner of the building must record the documento de condominio (condominium deed) at the Registro (property registry) (article 26). It contains the acquisition titles, the apartments and commercial units with their boundaries, the common elements (general ones and those limited to certain apartments), the intended use of the building, the value of the building and of each separately saleable part with each owner's percentage, and the encumbrances. The approved plans and a copy of the reglamento de condominio (condominium bylaws) are attached to it. If the building is mortgaged, it can only be recorded if the consent of the mortgage creditor is shown in authentic form (article 27).
The documento also binds anyone who buys later (article 30). Changing it requires unanimity and the same formalities as when it was executed (article 29). If you are going to buy, ask for a copy along with the review of ownership and encumbrances: there you will see your alícuota (ownership share) and what is common.
The alícuota
Article 7 calls the alícuota the cuota de participación (participation share): it is expressed in hundredths of the total value of the building and is used to apportion burdens and benefits. Improving your apartment does not change it, and it can only be changed by unanimous agreement. It is used to calculate your share of the common expenses (article 12), and the purchase title of each apartment must state it (article 33).
The assembly: notice and majorities
The law does not set an attendance quorum as such: it sets the majority for each decision, several of them measured on the value attributed to the apartments. Under article 22, a falta de disposición en el documento de condominio (in the absence of a provision in the documento de condominio), articles 23 and 24 apply. Check yours first.
Notice (article 24). The administrator can call an assembly whenever they consider it appropriate and must do so if asked by owners representing at least one third of the value; if the administrator does not, those owners can ask a judge. The assembly cannot deliberate without all the interested parties, unless it is shown that all of them were invited at least three days in advance. It is considered validly constituted if it was called through a local newspaper and the notice was posted at the entrance of the building. The president of the junta presides (or whoever the assembly designates if the president is absent), and the minutes go into the libro de acuerdos (resolutions book), signed by those present.
Written consultations (article 23). Decisions can also be made by written consultation. If within eight days there are not enough replies to approve or reject the proposal, a new consultation is held.
| Decision | Majority the law requires | Article |
|---|---|---|
| Administration and upkeep (general rule) | "Mayoría de los propietarios interesados que representen por lo menos dos tercios del valor atribuido" (a majority of the owners concerned who represent at least two thirds of the attributed value) | 22 and 23 |
| Second written consultation, if the law does not require unanimity | More than half the value of the apartments whose owners replied within the following eight days | 23 |
| Appointing the administrator | Majority of votes | 19 |
| Improvements to the common elements | 75% of the owners | 9 |
| Declaring an expense common | At least 75% of the owners | 11 |
| New floors, basements, excavations or works that affect upkeep and appearance | Unanimity, with permits | 10 |
| Changing the alícuota or the documento | Unanimity | 7 and 29 |
| Suing for the forced sale of the rights of an owner who repeatedly fails to comply | Assembly of owners representing 75% of the community | 39 |
The law leaves two points open. Articles 9 and 11 say "75% de los propietarios" (75% of the owners) without clarifying whether it is counted by head or by alícuota; article 39 speaks of owners who "representen" (represent) 75% of the community. And if not enough owners attend an assembly, article 24 orders the decision to be made in a new consultation "por la mayoría establecida en el primer aparte" (by the majority set out in the first sub-paragraph) of article 23, which is usually read as the rule of more than half the value of those who replied. If a vote is close, consult a lawyer.
The law does not mention "obras extraordinarias" (extraordinary works): repairs to common elements are a common expense (article 11) and improvements need 75%; a judge can suspend them at the request of one or more owners if, among other reasons, their cost is not justified or they affect safety (article 9). Nor does it regulate voting by proxy: check your documento and your reglamento.
The junta de condominio and the administrator
The junta (article 18). At least three co-owners and three alternates, appointed by the assembly for one year and eligible for re-election; a president is chosen from among them. It is mandatory and is formed within the 60 days after the sale of 75% of the apartments and commercial units has been recorded. It decides by majority and can call the assembly in an emergency, propose removing the administrator, perform the administrator's functions if none has been appointed, oversee the use of the common elements and monitor the handling of funds.
The administrator (article 19). An individual or a legal entity appointed by the assembly, by majority of votes, for one year, removable at any time and eligible for re-election. If none is appointed in time, a judge appoints one at the request of one or more owners, preferably from among the owners. The administrator must provide a guarantee the assembly considers sufficient. The administrator initially hired by whoever sold the apartments must be re-elected or removed when the junta is appointed.
Under article 20, the administrator must:
Failing these duties is grounds for removal. The administrator's statements have fuerza ejecutiva (executive force) (article 14); what that means when you buy is in condominium debts.
How to challenge a decision
Resolutions adopted in accordance with the law bind everyone (article 25), but any owner can challenge before a judge "los acuerdos de la mayoría" (the resolutions of the majority) for violation of the law, violation of the documento de condominio or abuse of rights.
Rulings from tribunales de instancia (lower courts), not from the Tribunal Supremo (Supreme Court), treat that period as one of caducidad (a strict time bar): once it has passed, the action no longer proceeds (Juzgado Superior de Miranda, 2011); another, from Carabobo (2006), ordered a nullity claim against assembly minutes to be handled by summary proceeding. The law does not clarify whether the days are calendar days or business days, so count from the date of the assembly and consult a lawyer.
The reglamento de condominio
What many people call the "reglamento interno" (internal rules) is, in the law, the reglamento de condominio of article 26. It accompanies the documento, it is binding and, unlike the documento, the assembly can amend it. It covers the powers of the junta and of the administrator, their guarantee, the rules of coexistence and use of the common and private elements, the installation of security bars, awnings and air conditioners that do not affect the structure, layout and sanitary conditions, and how the regime operates. The law does not set a special majority to change it.
In your apartment you can modify ornamental elements, fixtures and services if it does not affect the safety, the structure or the exterior of the building or other owners, notifying the administrator beforehand (article 4). You cannot make changes in the rest of the building.