HORIZONTAL PROPERTY IN BOLIVIA: RIGHTS AND OBLIGATIONS OF CO-OWNERS

USE OF PROPERTY UNDER THE HORIZONTAL PROPERTY REGIME

The use of each floor or unit must conform to the intended purpose outlined in the co-ownership regulations. Units may not be repurposed for uses inconsistent with what is legally permitted.

Practical example: An apartment designated for residential use cannot be converted into a bar or nightclub without express consent from the co-owners, as this may disrupt the peace and safety of the building.
This restriction is designed to protect communal living and prevent harm to the building’s residents.

COMMON AREAS IN HORIZONTAL PROPERTY

The horizontal property regime establishes that certain parts of the building are not owned by any single individual, but collectively by all co-owners. These include:

• Land, foundations, exterior walls, and roofs
• Staircases, hallways, entrance doors, and lobbies
• Elevators, water, electricity, and gas systems
• Courtyards, laundry areas, central heating, or similar services

These areas are not subject to individual ownership as they are essential to the use and enjoyment of all property units.

PROPORTIONAL RIGHTS OVER COMMON AREAS

Each co-owner’s rights over the common areas are calculated based on the value of their unit. Participation is therefore not equal, but proportional.

In turn, each owner may use the common areas as long as they respect their intended purpose and do not infringe on the rights of others.

Practical example: A co-owner of a larger apartment may have a greater share in common area decisions, but cannot restrict other residents from using the hallways or elevators.

BUILDING IMPROVEMENTS UNDER THE HORIZONTAL PROPERTY REGIME

Co-owners may decide to implement improvements, such as installing a security camera system or remodeling the main entrance. These decisions must be made by majority vote, unless the change involves excessive costs or is considered voluntary—in which case unanimous approval is required.

Moreover, no owner may make changes to their unit that compromise the building’s safety or interfere with common services.

Practical example: Creating a window that opens into a hallway or modifying structural columns without authorization is prohibited, as such actions could jeopardize the building’s stability.

INDIVISIBILITY RULES IN HORIZONTAL PROPERTY

Common areas are indivisible, meaning they cannot be split or allocated to benefit a single co-owner. Similarly, the rights over these areas are inseparable from ownership of the private unit.

Practical example: An owner cannot sell their apartment and retain exclusive rights to use a common area such as a courtyard or lobby.
This rule ensures the integrity of the co-ownership regime.

DISTRIBUTION OF COMMON EXPENSES AND CHARGES

The maintenance of common areas and shared services generates expenses that must be borne by all co-owners. As a general rule, costs are distributed proportionally according to the value of each unit. However, when a common area serves a specific group, costs are allocated based on usage.

Practical example: Elevator maintenance costs are shared among all owners, but if a particular common area is used only by commercial units, then those owners bear the related expenses.

Importantly, no co-owner can exempt themselves from these obligations—even by waiving use of the common areas.

PARTIAL OR TOTAL LOSS OF A CO-OWNED BUILDING

If the building is completely or significantly destroyed, the co-owners may request a public auction for the sale of the land and remaining materials, unless otherwise agreed.

In cases of partial destruction, the co-owners are required to contribute to reconstruction costs according to their ownership share. Additionally, insurance payouts must be used solely for the rebuilding of common areas.

Practical example: If a fire destroys 80% of the building, co-owners may agree to sell the property. If only 20% is damaged, they are obligated to rebuild the affected sections.