CONDOMINIUM MANAGEMENT AND REGISTRATION IN BOLIVIA

Horizontal property in Bolivia involves more than individual ownership rights; it also requires an efficient organizational structure to manage common interests. Key elements such as internal regulations, a co-owners’ assembly, and a designated administrator are essential to ensure transparency, order, and effective governance. Additionally, the legal validity of this regime depends on meeting specific registration and authorization requirements.

REGULATIONS FOR HORIZONTAL PROPERTY

Practical example: The regulation may set specific hours for using shared laundry facilities or establish restrictions for hosting events in the building’s communal hall.

Amendments to the regulation can only be made by resolution of the assembly, following the voting majorities established by law. No regulation may reduce the rights granted to co-owners by national legislation.

CO-OWNERS’ ASSEMBLY

The assembly is the primary decision-making body within a horizontal property structure. It consists of all co-owners and is validly constituted when participants represent at least three-fourths of the building’s total value.

Resolutions require a favorable vote representing two-thirds of the property’s total value to be adopted and are binding on all co-owners, even those who dissent.

Main responsibilities include:

• Appointing or confirming the administrator.
• Approving the annual budget for common expenses.
• Reviewing and approving the administrator’s financial reports.
• Resolving collective matters not covered by the regulation.

Practical example: The assembly may decide to install a new lighting system in hallways and staircases, provided the legal voting thresholds are met.

HOW TO APPOINT AN ADMINISTRATOR IN A CONDOMINIUM

The administrator is appointed by the assembly through a vote representing two-thirds of the building’s value. If the assembly fails to appoint one, any interested party may request a court to designate an administrator.

The administrator serves a one-year term but may be reelected or removed at any time by assembly decision. Their duties include:

• Executing assembly decisions.
• Enforcing the internal regulations.
• Regulating the use of common areas.
• Collecting contributions and covering maintenance expenses.
• Reporting on financial management.
• Representing co-owners before third parties and in court.

Practical example: If a co-owner refuses to pay maintenance fees, the administrator is legally authorized to sue on behalf of the community.

REGISTRATION OF HORIZONTAL PROPERTY

PRE-HORIZONTALITY STATUS

Even during construction, it is possible to establish mortgages on projected units. This mechanism provides future co-owners with real guarantees from the early stages of development.

REGISTRATION WITH THE REAL ESTATE OFFICE (DERECHOS REALES)

For a horizontal property to be legally recognized and enforceable against third parties, it must be registered with the Real Estate Office (Derechos Reales). Registration must include:

• Location and boundaries of the building.
• Detailed floor plan showing the location of each unit.
• Identification of the floors or sections for registration.

Without this formal registration, co-owners’ rights are not adequately protected.

MUNICIPAL AUTHORIZATION

No building can operate under the horizontal property regime without prior municipal authorization. This authorization must comply with a technical regulation to ensure safety and construction standards.

Practical example: A building without municipal approval cannot be registered in Derechos Reales under the horizontal property regime, which compromises the legality of apartment sales.

A well-structured management and registration system is vital for the proper functioning of condominiums in Bolivia. Clear regulations, an active assembly, and a responsible administrator enable effective and transparent decision-making. Likewise, legal formalization through registration and municipal approval ensures legal security for co-owners and third parties.