Condominium law in Peru (Ley 27157): statutes and FAQ

Question 1

What majority authorizes conservation work on common property, and which majority authorizes work that changes its use?

Accepted Answer

Article 136 of D.S. 035-2006-VIVIENDA says works on common property need the owners’ meeting’s express authorization: a simple majority if the works are for conservation or maintenance, and a qualified majority if they modify or limit the use. Article 148 defines a qualified majority, unless the internal rules say otherwise, as the vote of owners representing two thirds of the shares in the common property. Decreto Legislativo 1568 is in the corpus as not in force until 180 days after its regulation is published; this answer is taken from D.S. 035-2006-VIVIENDA.

Question 2

Does a vacant unit still owe common-expense fees?

Accepted Answer

Yes, unless there is an agreement to the contrary. Article 144 of D.S. 035-2006-VIVIENDA says that a section being or remaining vacant, for however long, does not excuse its owner from the ordinary or extraordinary quotas.

Question 3

What is a qualified majority in the owners' meeting?

Accepted Answer

Article 148 of D.S. 035-2006-VIVIENDA says that, unless the internal rules provide otherwise, a qualified majority is the approving vote of the owners of exclusive sections who represent two thirds of the shares in the common property, including the percentages of those who resigned from the meeting.

Condominium law in Peru (Ley 27157): statutes and FAQ

Statutes

Questions

What majority authorizes conservation work on common property, and which majority authorizes work that changes its use?

Does a vacant unit still owe common-expense fees?

What is a qualified majority in the owners' meeting?

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