El Debido Proceso al Imponer multas en Propiedad Horizontal

Due Process in Imposing Fines in Condominiums, ARTICLE 30. FAILURE TO PAY CONDOMINIUM FEES. Late payment of condominium fees will incur late payment interest equivalent to one and a half times the current bank interest rate, as certified by the Banking Superintendency, without prejudice to the general assembly, with the quorum established by the condominium bylaws, setting a lower interest rate. While this non-compliance persists, this situation may be posted in the building or complex. The minutes of the assembly will include the names of the owners who are in arrears. PARAGRAPH. The posting referred to in this article may only be made in places where there is no constant flow of visitors, ensuring that all co-owners are duly informed. ARTICLE 59. TYPES OF SANCTIONS FOR FAILURE TO COMPLY WITH NON-PECUNIARY OBLIGATIONS. Failure by owners, tenants, or third parties for whom they are legally responsible to comply with non-monetary obligations established by law or the horizontal property regulations will result, after written notice specifying the deadline for compliance with the horizontal property regulations, if applicable, in the imposition of the following sanctions: 1. Publication in widely circulated areas of the building or complex of a list of violators, expressly indicating the act or omission that gave rise to the sanction. 2. Imposition of successive fines, for as long as the non-compliance persists. Each fine may not exceed two (2) times the value of the monthly necessary expenses owed by the violator at the time of imposition, and in any case, the total fines may not exceed ten (10) times the monthly necessary expenses owed by the violator. 3. Restriction on the use and enjoyment of non-essential common areas, such as community rooms and recreation and sports areas. PARAGRAPH. Under no circumstances may the use of essential common areas or those designated for exclusive use be restricted.