Navigating Shared Spaces: Resolving Disputes Over Utilities and Common Areas in Ecuadorian Multi-Unit Buildings

Living in a multi-unit building, whether it’s a beautifully restored apartment in Cuenca’s El Centro or a modern condominium in a new development, offers a unique lifestyle. However, it also introduces the complexities of shared responsibility. Disputes over utility payments, maintenance of common areas, or the use of shared amenities are common, and for expats navigating a different legal system, these issues can feel particularly daunting. As an Ecuadorian lawyer with extensive experience advising the expat community here in Cuenca, I understand these challenges and aim to provide a clear, actionable roadmap to resolve conflicts concerning shared property.

The legal framework governing these situations in Ecuador is primarily found within the Código Civil (Civil Code) and, more importantly, the Ley de Propiedad Horizontal (Horizontal Property Law) and its building-specific Reglamento de Copropiedad (Bylaws). These laws establish the rights and obligations of property owners, ensuring a structured approach to communal living.

Understanding Horizontal Property in Ecuador

Before delving into dispute resolution, it's crucial to grasp the concept of propiedad horizontal. This legal regime applies to buildings composed of privately-owned independent units (apartments, offices) and common areas (hallways, elevators, roofs, gardens, pools) that are jointly owned by all unit owners. Each owner possesses a proportional share, or alícuota, of these common elements.

The cornerstone document for any building is its Reglamento de Copropiedad. This document must be legally registered at the Registro de la Propiedad of the corresponding canton (e.g., Cuenca). It outlines the specific rules, responsibilities, and governance of the building, dictating how common expenses (alícuotas) are calculated, how decisions are made in the Asamblea de Propietarios (Owners' Assembly), and the procedures for addressing disputes.

Common Areas of Contention and Legal Frameworks

Disputes typically fall into a few main categories:

Non-Payment of Common Expenses (Alícuotas): This is the most frequent issue. Owners are legally obligated to pay their share of expenses for building maintenance, security, cleaning, and utilities for common areas.
- Legal Basis: Article 10 of the Ley de Propiedad Horizontal establishes this obligation. Crucially, Artículo 13 of the same law grants the Certificado de Deuda (Certificate of Debt) issued by the legally registered administrator the status of a título ejecutivo. This means it serves as direct evidence of the debt, allowing for an expedited collections process under the Código Orgánico General de Procesos (COGEP).
Surprise Special Assessments (Alícuotas Extraordinarias): A common shock for expats. The Owners' Assembly can approve major projects (e.g., a new $30,000 roof, elevator modernization) with a majority vote. If you don't attend the assembly, you still have to pay your share, which can be a sudden, significant expense. Your only voice is at that meeting.
Misuse or Damage to Common Areas: This includes unauthorized alterations, excessive noise, improper storage, or damage to shared facilities.
- Legal Basis: The Código Civil and the building’s Reglamento de Copropiedad govern these issues. Owners have a right to enjoy their property without undue interference and an obligation not to cause damage or nuisance.
Maintenance and Repair Responsibilities: Disagreements over who is responsible for repairs (e.g., a leak from an upstairs apartment affecting the unit below) or when the administration fails to address necessary maintenance of common elements.
- Legal Basis: The Ley de Propiedad Horizontal assigns the responsibility for the administration and maintenance to the Administrador (Administrator). Hyper-Specific Tip: A critical point often overlooked is that the Administrator's appointment must be legally notarized and registered at the same Registro de Propiedad as the bylaws. An "informal" administrator, common in smaller buildings, has no legal authority to issue an enforceable debt certificate or initiate legal action.

Step-by-Step Resolution Process

Navigating these issues requires a systematic approach, moving from informal resolutions to formal legal actions.

Step 1: Review Your *Reglamento de Copropiedad***

This is your primary guide. Obtain a current, registered copy and thoroughly review sections on owner obligations, administration of common areas, procedures for owners' assemblies, and any internal dispute resolution mechanisms.

Step 2: Informal but Documented Communication

With a Neighbor: For minor issues like noise, approach them respectfully. If this fails, move to written communication (even an email or WhatsApp message) to create a record.
With the Administrator: For building-wide issues, write a formal letter or email. Clearly state the problem, reference the Reglamento, and propose a solution. Keep a copy. This formal communication is a prerequisite for more serious action.

Step 3: Formal Complaint and Owners' Assembly

If informal communication fails, escalate the matter.

Formal Written Complaint: Submit a detailed, written complaint to the Administrator. Include your name/unit, dates, a clear description of the issue, photographic evidence, and reference the specific bylaw articles being violated.
Request an Owners' Assembly (Asamblea de Propietarios): If the Administrator is unresponsive or the issue requires a vote, you can petition to call an assembly. The Reglamento specifies the percentage of owner signatures required. This is the highest decision-making body and the proper forum to address major concerns or approve special assessments.

Step 4: Mediation (Mediación)

Before initiating a lawsuit, mediation is often a mandatory and highly effective step.

Process: Both parties meet with a neutral, certified mediator at an official center, such as the one at the Cámara de Comercio de Cuenca. The goal is to reach a mutually agreeable, legally binding solution.
Cost: This is far more affordable than litigation. Expect to pay an initial fee of approximately $80 to $200 per party for a mediation session, depending on the complexity of the case. An agreement reached here, an Acta de Mediación, has the force of a final court judgment.

Step 5: Legal Action (Last Resort)

If all else fails, legal action becomes necessary.

For Non-Payment of Alícuotas: The registered Administrator can initiate a procedimiento ejecutivo based on the Certificado de Deuda. This is a swift process under COGEP designed to secure payment, potentially through wage garnishment or liens on property.
For Other Disputes: Depending on the issue, this could involve:
- Juicio Sumario (Summary Proceeding): For resolving neighbor disputes, damage claims, or enforcing bylaws.
- Acción de Protección: A constitutional remedy used only when a fundamental right (like the right to a safe living environment) is violated by the actions or inactions of the administration or another owner.

Legal Checklist for Cuenca Expats

[ ] Obtain a Certified Copy of your Reglamento de Copropiedad from the Registro de la Propiedad.
[ ] Verify the legal registration of your building's Administrator. Ask to see their registered appointment (nombramiento).
[ ] Understand your Alícuota: Know how it's calculated and what it covers. Request annual financial statements.
[ ] Attend Owners' Assemblies: Your vote is your power, especially regarding special assessments. If you cannot attend, issue a formal proxy (carta poder).
[ ] Document Everything: Keep a detailed log of all communications, payment receipts, photos, and formal complaints.

⚠️ Legal Alert: When to Immediately Consult an Attorney

While attempting an amicable resolution is wise, seek legal counsel if:

The financial implications are significant (e.g., unpaid dues exceeding $2,000, major property damage).
The Administrator is acting illegally or refuses to follow the bylaws.
You receive any formal legal notification (citación).
The dispute involves the building's structural integrity or safety.
You plan to initiate mediation or a lawsuit.

Ecuadorian legal procedures are precise. A procedural error, like suing based on a debt certificate from an unregistered administrator, can get your case thrown out. An experienced local attorney ensures your actions are legally sound and your rights are protected.

Conclusion

Resolving disputes in an Ecuadorian multi-unit building is manageable if you understand your rights under the Ley de Propiedad Horizontal and your building's Reglamento de Copropiedad. Start with your bylaws, engage in documented communication, and follow a structured escalation process. For complex issues, the guidance of a qualified Ecuadorian legal professional is not just an advantage—it is a necessity.