Condominium law in Argentina (Código Civil y Comercial): statutes and FAQ
Free condominium regulations lookup for property managers in Argentina.
The monthly fee in this regime is called expensas.
How administration works in practice is covered in the guide to condo management in Argentina.
Statutes
Questions
Can the assembly ban Airbnb or short-term rentals?
The Civil and Commercial Code does not say the assembly may ban short-term rentals. Article 2047 forbids using a unit for purposes other than those in the horizontal-property bylaws. Article 2056 lists the destination of the units as part of those bylaws. Article 2057 says the bylaws can be changed only by two thirds of all the owners. Article 2073 mentions temporary housing as a possible purpose of a real-estate complex, not as a ban.
Can an owner stop paying expensas if they do not use the common services?
No. Article 2049 says owners cannot escape any expense or contribution they owe by giving up the use of the common property or services, or by abandoning the unit. Article 2046 requires them to pay ordinary and extraordinary common expenses in proportion to their undivided share. The same article 2049 allows the bylaws to partly exempt units that have no access to the services or areas that cause that cost.
What majority is required to amend the horizontal-property bylaws?
Article 2057 says the bylaws can be changed only by a resolution of the owners, with a majority of two thirds of all the owners.
By what majority does the assembly decide?
Article 2060 says decisions are taken by an absolute majority counted over all the owners of the units, and that majority needs both the number of units and their undivided shares. A majority of those present may propose decisions, which are sent to the absent owners and count as approved fifteen days after notice, unless a sufficient majority objects before then.
More questions
- Is the expensas debt certificate an enforceable title?
- Does the possessor also owe expensas, as well as the owner?
- What majority authorizes an improvement or new work on the common parts?
CABA
Provincia de Buenos Aires
- Can I administer a consortium in Buenos Aires Province without being registered?
- Who is an unpaid administrator in Buenos Aires Province?
- How do I prove to the consortium that I am registered in the Province's registry?
- Who sets the administrator's fees in Buenos Aires Province?
- How long is the administrator's mandate if the bylaws set no term?
Other countries and states
- Condominium regulations in Uruguay
- Condominium regulations in Chile
- Condominium regulations in Colombia
- Condominium regulations in Ecuador
- Condominium regulations in Peru
- Condominium regulations in Paraguay
- Condominium regulations in Mexico City
- Condominium regulations in the State of Mexico
- Condominium regulations in Jalisco
- Condominium regulations in Nuevo León