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Condominium law in Ecuador (Ley de Propiedad Horizontal): statutes and FAQ

Free condominium regulations lookup for property managers in Ecuador.

The monthly fee in this regime is called expensas.

Statutes

Questions

What quorum does the assembly need on the first call and on the second call?

Article 39 of the regulation says the first-call quorum is owners with the right to vote who represent more than 50% of the shares. On the second call, the quorum is the owners with the right to vote who are present. Article 37 says that if there is no quorum at the time of the first call, the second meeting may be held no sooner than sixty minutes later, with however many attend, and the agenda cannot be changed.

Reglamento general de la Ley de propiedad horizontal

Do you have to be current on expensas to vote in the assembly?

Yes. Article 39 says that, to vote, each owner must show they are current on the expensas and on any other amount, with a certificate from the administration.

Reglamento general de la Ley de propiedad horizontal

How are common-property expenses split?

Article 5 of the Horizontal Property Law says each owner contributes to the expenses of administering, preserving, and repairing the common property, and to the insurance premium, in proportion to the value of their floor, apartment, or premises, unless the parties agreed otherwise. The ground-floor and basement owners, when they are not co-owners of the stairs and elevators, do not contribute to maintaining and repairing them. If there is more than one block, the same article separates general and individual common property and shares by block.

Ley de propiedad horizontal (codificación 2005)

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