It is a reality that in many condos or multi-family homes, there are delinquent neighbors who owe the payment of maintenance, water or electricity. Faced with this scenario, the Executive power published Legislative Decree No. 1568, which establishes the Horizontal Property Regime, a regulation that includes a coexistence manual and allows the execution of legal actions against delinquent owners.
It is thus that the board of directors of a building shall have the power to initiate legal proceedings, which may even go as far as a embargo. This measure is thanks to the new legal framework for the sector, said Emilio Balarezo, a specialist in civil law at the Universidad Privada del Norte (UPN).
“What the new Horizontal Property Regime It is a coexistence manual, where effectively the board of directors, through its president, can file an enforcement process for collection or also take precautionary measures”, he pointed.
Building regulations must be in Sunarp
However, it is an essential requirement that the internal building regulations is registered with the National Superintendence of Public Registries (Sunarp). With this, the owners’ directive can notify a delinquent neighbor, through a notarial letterto proceed with the payment of the debt through installments, and in the event of a refusal, legal proceedings can be initiated.
“Many neighbors rely on the right to housing and water, and say that no one can charge them. That is where exact knowledge of the law comes in. The president of the board of directors You can request an embargo on a certain assetwith the purpose of immobilizing it in the registry”, added Balarezo.
Board of Directors of buildings will have competence to process a legal measure against delinquent neighbors. Photo: composition LR/Andina
The specialist explained that if the internal regulation is not registered in Public Registries, the procedure to follow is different.
“Another method would have to be followed. Not having the internal regulations registered in Sunarp does not exempt from payments. The first thing to do is invite them to reconcile. Send a letter detailing the debts and the problems they are causing to the neighbors. If these dissuasive means do not work, you can proceed with the judicial process of execution, ”he said.
Defaulters will be reported in credit centers
The legal provision also contemplates the creation of the Registry of Debtors of Common Assets and Services Maintenance Quotas and the Registry of Building Administrators, whose operations will be in charge of the Ministry of Housing and will be implemented from 2024.
Through the Debtors Registry, access to the report of said delinquent neighbors will be provided to the Superintendency of Banking, Insurance and AFP (SBS) to register their debt at the Risk Center of said institution.
Source: Larepublica
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