The Money of Housing
What condominium bylaws are and why they matter before you buy
There is one document almost nobody reads before buying an apartment, and it defines much of how life there will work: the condominium bylaws, known in Colombia as the reglamento de propiedad horizontal.
It looks boring and turns out to be decisive. This guide explains what it is, what it contains, what majorities can change it and what is worth checking before you sign.
What it is
Propiedad horizontal (condominium ownership) is the legal regime for buildings and complexes where private property, like your apartment, coexists with common property, like the façade, the elevators or the social areas. In Colombia it is governed by Law 675 of 2001.
The bylaws are the document that applies that regime to a specific building: what is private, what is common, how costs are shared and which rules apply.
What it contains
| Content | Why it matters |
|---|---|
| Private and common property | Defines what is yours and what is shared. |
| Co-ownership coefficients | Determine how much you contribute to common costs and to the assembly’s decisions. |
| Permitted use of the units | Establishes what the apartments can be used for. This is the part most worth understanding. |
| HOA fees (cuotas de administración) | Set the monthly cost of maintaining the common areas. |
| Owners’ rights and duties | Covers everything from renovations to living together and pets. |
| Governing bodies | Assembly, board and administrator: who decides and how. |
The most overlooked part: the bylaws can change
Bylaws are not an eternal promise. They are the current rule. The owners’ assembly can amend them, but the law sets majorities for doing so:
| Type of decision | Majority required by Law 675 of 2001 |
|---|---|
| General assembly decisions | The assembly meets with owners representing more than half of the coefficients and decides with half plus one of the coefficients represented at the meeting (art. 45). On a second call it meets and decides with any plural number of owners (art. 41). No decision, except dissolving the condominium regime, may require more than 70% of the coefficients. |
| Amending the statutes and the bylaws | 70% of the coefficients of the building or complex (art. 46, item 5). |
| Changing the general permitted use of private units, as long as it complies with current zoning rules | 70% of the coefficients of the building or complex (art. 46, item 8). |
| Changes in the use of common property, special assessments above four times the regular fees and other decisions under art. 46 | 70% of the coefficients of the building or complex. |
Colombia’s Constitutional Court, in Ruling C-318 of 2002, also recognized that the bylaws may limit ownership rights over the private unit in order to keep harmony in the community, even by restricting its use.
That is why it is worth reading the bylaws with two questions in mind: what they allow today and what decisions the owners might make in the future. If your plan for the apartment depends on a specific use, that use depends on the bylaws and on what the owners decide. It is one of the questions in our guide on comparing housing projects beyond the price per square meter.
Points to check before buying
- Ask for the full text or an approved excerpt, not a verbal summary.
- Read the permitted use of the units: which uses are allowed.
- Check the estimated HOA fee and what it covers.
- Understand how decisions are made: majorities, assemblies and who represents whom.
- Confirm what is delivered and when: common areas, parking and included areas.
And at Ítaca
Ítaca Tower’s advisors will tell you which documents on the condominium regime are available at the project’s current stage. Conditions of use are always reviewed against the official documents; no advertising material replaces them. You can also check Ítaca Tower’s frequently asked questions.
Reading the bylaws before buying is not distrust. It is deciding with complete information.
Frequently asked questions
What is the co-ownership coefficient?
It is the percentage your unit represents of the whole building. It defines your share of common costs and the weight of your vote in the assembly.
Can a building’s bylaws be changed?
Yes, with a majority of 70% of the building’s coefficients, under article 46 of Law 675 of 2001.
Where do I get the bylaws before buying?
Ask the developer or the real estate agency. Bylaws in force are recorded in a registered public deed; in a project under construction they may not be yet, so ask which approved document you can review and when it will be formalized.
Sources
- Law 675 of 2001, arts. 45 and 46 (Colombian Senate, law database).
- Constitutional Court: Ruling C-522 of 2002; Ruling C-738 of 2002 (inhibitory on art. 46); Ruling C-318 of 2002.
- Superintendencia de Notariado y Registro: Resolution 000964-6 of 2026, art. 36 (condominium bylaws as a transaction without stated value).
