Homeowners' Associations (Condominium Law)
Life in a homeowners' association runs smoothly until an unexpected special assessment comes up, a construction project not everyone wants to pay for, or a neighbor who treats a common area as their own private terrace. From that point on, what's at stake is no longer just money: it's years of neighborly relations and, often, the value of the property itself.
At La Propiedad Consulting, we advise both associations and individual owners. We know both perspectives, which allows us to anticipate how the other side will react and where there's real room for agreement.In most cases, a well-prepared meeting prevents a two-year court case. We also advise property managers when a situation situation is complicated and calls for extensive legal knowledge and experience.
An Expert Perspective
Attending Owners' Meetings
We attend the meeting on your behalf or advise you on how to proceed. We review the meeting notice and agenda, prepare arguments on contentious items, check the majority required for each resolution, and make sure the minutes accurately reflect what happened. Many resolutions end up being unchallengeable not because of their content, but because of how the meeting was called, how the vote was taken, or how the minutes were written.
Association Resolutions and Legal Challenges
We assess the validity of resolutions passed and, when appropriate, challenge them: resolutions that violate the law or the bylaws, were passed without the required majority, seriously harm an individual owner, or are abusive toward the association. The deadlines for challenging a resolution are short, measured in months rather than years, so it's best to consult us as soon as you receive the minutes. We also work the other way around, defending validly adopted resolutions against unfounded challenges.
Construction Work, Special Assessments, and Building Maintenance
We advise you on work affecting common elements and individual units, accessibility improvements, energy efficiency upgrades, elevator installations, and unauthorized enclosures. We analyze what majority is needed, who bears the cost, which work is mandatory even if it isn't approved at a meeting, and how much room an owner has to object or file a claim. We also handle damage caused by leaks and moisture, where the key question is whether the source lies in a common element or a private unit.
Use of Common Areas and Neighbour Disputes
Entryways, courtyards, terraces, storage units, pools, parking areas, and rooftops are behind a large share of disputes. We take action against the improper use of common spaces, unauthorized installations, security cameras, and activities that are a nuisance, unsanitary, or prohibited by the bylaws, including bringing a court action to stop the activity (acción de cesación) when the situation warrants it. We also handle the growing number of disputes over short-term vacation rentals, an area where recent legal reforms have strengthened associations' ability to restrict them or set conditions on them.
Collecting Unpaid Dues and Special Assessments
We collect outstanding amounts through the fastest route available, including legal action when a prior demand for payment doesn't work. If you're buying a property, we also check for outstanding debts before you sign: the home itself is liable for certain unpaid amounts, even if you weren't the one who ran them up.
Claims Against Property Managers and Other Complex Situations
Liability claims against a former property manager, disputes with the city council, questionable easements… Tell us about your case. More than a decade of experience resolving highly complex situations speaks for itself.
How We Work
We listen first. Before giving any opinion, we need to understand your specific transaction: what documents have been signed, what has been discussed, and what has been paid.
We tell you where you stand. If a claim isn't viable or the cost outweighs the expected result, we'll say so from the start. We'd rather lose a case than see you lose time and money.
Fixed quote, no surprises. You'll know the cost of our services before you hire us.
A single point of contact. The lawyer who studies your case is the same one who negotiates, signs, and calls you.
Tell us about your situation. We'll review whatever documents you have and tell you clearly where you stand and what your options are.