On February 14, 2022, Law No. 284 of 2022 (“Law 284”) was enacted, repealing Law No. 31 of 2010 and becoming the provision governing the Horizontal Property Regime (“PH” by its acronym in Spanish) .
Although Law 284 does not represent a substantial modification of the existing regime and largely follows the concepts, precepts and normative structure of the previous law, it contains important changes that aim to improve the parameters of coexistence. between the inhabitants of the properties. subjected to the PH regime.
First of all, it should be emphasized that Law 284 expressly establishes the guiding principles of the PH regime, which aim to ensure the maintenance, healthiness, security and conservation of private and common property within the PH, in order to promote the well-being of owners. Among these principles, mention should be made of the principle of peaceful coexistence and solidarity, the right of owners to ask the board of directors and/or the administrator for any information relating to the exercise of their rights on the PH and the principle of respect for decisions, which makes the decisions taken by the Assembly of Owners binding and obligatory for all owners.
An aspect that may be very relevant in Law 284 is the reduction of the percentage of votes to approve certain decisions at the Assembly of Owners, which has been reduced from 66% to 51% in many cases and will certainly facilitate decision-making. . in the assemblies.
Likewise, we consider it relevant to mention that there is now a legal obligation for owners to only call on approved professionals to carry out work within their units. This measure aims to minimize the possibility of incidents that may cause damage to the property or physical integrity of the inhabitants of a PH, due to work carried out by people who do not have the expertise and/or knowledge sufficient to carry them out (e.g. when these works are related to gas or water pipes).
Another new element contained in Law 284 is the concept of a fund for unforeseen events, the creation of which is now mandatory for any property under the PH regime and must be at least 1% of the total income and annual fees collected for the common expenses. The law prohibits this fund from being used for foreseeable or ordinary expenses and, in the event that it must be used, the Assembly of Owners must approve such use.
Finally, it should be mentioned that, in accordance with our current reality, Law 284 establishes that the PH Board of Directors will be responsible for implementing the biosecurity protocols that may be established by the authorities with the aim of dealing with the Covid -19 pandemic.