A neighbor who parties late into the night or another who falls behind on maintenance payments can harm other owners. building. Such complaints are frequent among people living in communal property. The most dangerous thing is that debtors do not pay their fines.
Rosa Mosquera Pinto dies and lives on. The building he lives in, located in Miraflores, has three owners who have not paid maintenance fees for years. He says he must have one of them S/73.242 from 1994. The other two have debt 1997 And this 2020. These add up to a total S/80.218 Y S/13.050. “This situation affects all co-owners as the building cannot be improved“, said.
Rose notes The remaining residents are forced to cover the costs of the debtors and pay huge sums to solve the building’s problems.. “Here are the ones 60 departmentsIt is distributed 18 floors. As it is an old building, it needs regular maintenance“, he added.
He noted that they have not yet raised enough money to repair lifts or pipes, which affects their quality of life. “It pains me that these three neighbors do not even have the initiative to reach an agreement at the owners meeting. The whole community is affected, it’s outrageous”he added.
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In this type of situation, The Ministry of Housing, Construction and Sanitation (MVCS) announced the creation of a list of delinquent residents.It will be linked to risk centers.
According to Head of Department, Hania Perez de GullarThis is an ancient law 1999 But till date there are no regulations on how Owners Associations should function.
A credit bureau mentions that it is significant Organizations responsible for collecting and publishing information about people’s payment behavior Natural and legal.
In that order, Hernán Navarro Franco, Deputy Minister of Housing and Urban Affairs, explained to El Comercio That size, established Lay 27157The result is a demand from thousands of owners who live in non-compliant buildings to have their neighbors pay management fees or fines they receive.
“Purpose Develop tools and regulatory frameworks to implement the internal regulations developed by the Owners Group“, he pointed out.
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He argued that these types of activities arose as a result of population growth in cities, with more properties with shared areas. Article 969 of the Civil Code Defines joint ownership as property owned by two or more persons. For example, multi-family buildings and condominiums.
The Deputy Minister added that it is necessary to register with the Owners Group National Superintendent of Public Records (SUNARP) So that it can formalize its internal regulations. In this way, MVCS provides the necessary tools to accomplish this.
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“Norms focus on creating better co-existence between neighboring countries. Internal regulations categorize various violations; For example, late payment, disruptive noise or invasion of common area. If the neighbor violates the rules, additionally receives a fine and is late in paying it, the case will be referred to the risk centers.“, he added.
The credit center informs the delinquent about what happened and puts their data on it National Register of Debtors, Less opportunities to access credit, financing, loans etc. This keeps the neighbors aware and encourages them to pay their bills and fines.
The register of defaulting residents is publicly accessible and can be found on the website of the Ministry of Housing. “Indeed we have 180 days Describe all measurement points. After that, it will come into effect. All owners associations are requested to register through Sunarp website”, noted Deputy Minister Hernán Navarro.
Board of Owners
Yaritza Rivera, Associate Attorney of the Real Estate Section of the ‘DLA Piper Peru’ Study, a board is created by all apartment owners in a building. In this way, neighboring countries reach a consensus that translates into results for better coexistence.
According to the rules, points out Lay 27157, the owners’ meeting should have internal regulations. Your registration was made at Property registration and the Chairman of the Board accepts legal representation.
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For his part, Mercedes Seminario Huertas, attorney specializing in real estate law and head of the legal department of My Home Group, a real estate organizationHe opined that who makes up the board of owners is decided through an election process. 3 members may be elected: President, Secretary and TreasurerOr, failing that, 2 members: President and Secretary, acting as Treasurer.
Edgard Ramírez Ríos, attorney at Estudio Linares Abogados and specialist in real estate lawRefers to the existence of two types of real estate units in a building: exclusive units, for each neighbor (such as apartments) and common-use units, for all. Yaritza Rivera mentioned that Internal regulation is a tool recognized by neighboring countries that governs their coexistence. It includes rights, obligations, sanctions in case of wrongdoing, dispute resolution mechanism, participation percentage of owners etc.
Internal regulatory model
Alfredo Chan, lawyer expert in real estate law and partner of Estudio Payet, Rey, Cauvi, Pérez AbogadosThe regulation also defines what are exclusive and common areas so that owners know which area belongs to them and which belongs to everyone.
What to do with errant neighbors?
Yaritza Rivera mentioned that Lay 27157 Contemplates enforcement mechanisms for late payment of quota. For example, waiving the right to challenge contracts at a meeting of owners.
Alfredo San If the owners’ meeting establishes certain rules, he said, the offending owner can be sanctioned by disabling voting in subsequent sessions. “You can resume your voting rights once you pay off your debt“, said.
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Edgar Ramirez He noted that owners can take extra-legal steps like conciliation. However, if the person continues to fall behind and his debt increases, there is a possibility that a duly registered board may seek seizure of accounts and funds held by innocent neighbors through judicial process.
Mercedes Seminary He points out that for neighbors who hold social gatherings until the wee hours of the morning, the permission previously agreed upon in the internal regulations can be used. “Unfortunately, most of the Boards of Directors in our country are not properly registered in the public records. In this case, permission cannot be used.“, he added.
For his part, Edgar Ramirez He proposed that the municipal inspection section of the department should visit the area and after carrying out supervision, fine any neighbor who disturbs the peace of others.
Neighbors with small children
Ramirez thinks that a child making constant noises is part of living together. “It’s normal for babies under a month old to cry every day, but if they’re 1 or 2 years old, there may be something out of the ordinary and the Ministry of Women and Vulnerable Population (MMP) should be called.“, said.