The different quarters can be constituted with the horizontal ownership regime, by geodesy or by using the figure of the trust; Need correct framing. Failure to comply with the certificate of adequacy within the prescribed period, unless it is exceeded by the normal execution of the procedure, will make the directors and the trade union liable for the penalty of the fine provided for in Article 302(3) of Law No 19.550, without prejudice to legal proceedings that may be prosecuted. This, further, it is necessary to emphasize that «the fact that there are already real estate complexes that have been adapted without there being an imposed procedure is sufficient proof that adequacy is possible and does not inexorably require a special procedure. Here, the principle of freedom of form applies, since there is no legally prescribed form (…). The obligation of suitability applies to all legal operators associated with real estate complexes. The obligation of adequacy laid down in the third paragraph of Article 2075 applies to all the legal acts concerned: notaries, cadastres, registers, municipalities, pension funds, tax administrations, judges, etc., which must endeavour to facilitate those procedures … (LINARES DE URRUTIGOITY, MARTHA, suitability of existing real estate complexes. Until when?. everything has changed so that nothing has changed?, Revista del Notariado Nº 933, C.E.C.B.A, Bs. As., 2019). The new Civil and Commercial Code of the nation has established that countries and closed neighborhoods are real estate complexes, and since 2015 they are consortia, the functional units of the plots and the owners of the co-owners of each house. That this singular obligation to manufacture occurrences, which consists in adapting certain already existing conformations to what are, within the meaning of the current Article 2073 of the CCCN, the immovable complexes `in general` provided for in Article 2075(3) of the CCCN constitutes a clear exception to the general principle stemming from Article 7 of the same normative body, since the provisions of the types referring to immovable complexes already existing at the time of the entry into force of the CCCN, the CCCN, which would have been established on the basis of the personality or rights of creditors, whether shared or exclusive, constitutes an exception contrary to such a general principle, which is considered to be one of the possible temporary effects of the law or of the consequences of the law in relation to time in the same article 7 of the CCCN is drawn. In this sense, in particular with regard to this legal issue relating to real estate complexes, it has been expressed that this is a case of express retroactive application of the law, which is permissible; And whoever ultimately claims that the application of the norm deprives him of a constitutional right must in any event assume the burden of self-interest in order to prove it in the specific case that is invoked (conf. KEMELMAJER DE CARLUCCI, AÍDA ROSA, «The application of the Civil and Commercial Code to existing legal relations and situations», p.

164, Rubinzal-Culzoni, Santa Fe, 2015; NEGRONI, MARÍA LAURA and PUERTA DE CHACÓN, ALICIA, «Adequacy of existing real estate complexes. Rules of operation of the Civil and Commercial Code», La Loi, 4/5/2016, p. 2, online citation ar/doc/976/2016; ID. COLMAN LERNER, HORACIO, «Complexes immobiliers. Countries and closed communities. Código Civil y Comercial de la Nación», P. 71, ed. Di Lalla, Bs. As., 2015; id. ABREUT DE BEGHER, LILIANA, «Pre-existing real estate complexes for sanctioning the Civil and Commercial Code of the Nation», Revista del Notariado, Nº 929, C.E.C.B.A., Bs.

As., 2017; MASSICCIONI, SILVIA MAELA, «Legal framework of real estate complexes. Adequacy», Revista del Notariado, Nº 933, C.E.C.B.A., Bs. As., 2019). The experts consulted agree that they do not. In answer to this question, it is worth clarifying Mihura: «One thing is the functional adaptation that will improve the internal functioning of these neighborhoods, including the provisions of the new code – votes per unit, collection of expenses, entrance fees, temporary use of common spaces by third parties, etc. – and another is the structural adjustment aimed at: the real right of each neighbor and the complete legal structure of the neighborhood», difference. The urban planning regulations of the province of Buenos Aires, Decrees 9.404/86 and 27/98, allow the supervision of country clubs and closed neighborhoods under the horizontal ownership regime, Law 13.512, and also as an alternative a framing known as geodesy division. Article 2081.- Expenditure and contributions.

The owners are obliged to bear the expenses, expenses and overheads for the proper maintenance and proper functioning of the building complex in the proportion established for this purpose by the horizontal real estate regulations. This Regulation may establish contributions other than the costs provided for by law in the event of the use of common benefits, services and facilities by the relatives and guests of the owners. The judges do not recognize the nature of enforceable ownership in the collection of expenses in closed countries and neighborhoods, because it is not a consortium, that is, because it does not adapt to horizontal ownership, as required by the Code. In May 2015, three months before the entry into force of the Civil and Commercial Code, which introduces new regulations for «real estate complexes» – as countries, closed quarters or country clubs are called – the Chamber of Commerce met in full to define a question: is the way open for the executive with a promissory note? Send your comments on the note. Your email address will not be published. This section is not intended for legal advice or advice that should be obtained from a lawyer. That this has already been addressed in scientific education and even with specific normative provisions in some jurisdictions with regard to the adequacy procedure (see LINARES DE URRUTIGOITY, MARTHA, «On the adequacy of already existing real estate complexes», REVISTA DE DERECHO PRIVADO Y COMUNITARIO, Tº 2018 – 2 – DERECHOS REALES II, citation proposal: RC D 1289/2018, ed. Rubinzal-Culzoni, Santa Fe, 2018; BUTLOW, DANIEL E., «Do you have your writing? Regularization of real estate complexes», ed. Microjuris.com Argentina, 12/06/2019, citation: MJ-DOC-14935-AR / MJD14935; LINARES DE URRUTIGOITY, MARTHA and BRESSAN, PABLO ENRIQUE, «Real Estate Complexes: Object and Legal Structure, Their Essential Features and Their Contingency Notes», Second Prize, XXXII Jornada Notarial Argentina, City of Buenos Aires, 2016, published in REVISTA NOTARIAL AÑO 2016/02, Nº 94, COLEGIO DE ESCRIBANOS DE LA PROVINCIA DE CÓRDOBA; etc.). Until now, however, it was not clear how this procedure was to be carried out and whether it was a new deed for the land and houses of the owners, an expensive transaction.

However, in the first week of September, the IGJ and the Colegio de Escribanos de la ciudad de Buenos Aires (Buenos Aires±o agreed that countries or closed neighbourhoods registered as associations or companies can adapt to the new regime©©by modifying their administrative, governmental and supervisory bodies to match those of which correspond to horizontal ownership consortia. The factual platform of real estate complexes from the microsystem of consumer and user law was also analyzed, which was anchored in a basic key of Article 42 of the National Constitution and developed in an infrastructural, central – but not exclusive – way in Law No. 24.240 (PMA) and in the articles. 984 to 989 and 1092 to 1122 – among others – of the CCCN, it is inexcusable to recognise that the `member` – rectius `percentage purchaser` – of the immovable property complex is a `real estate consumer`, in the context of a `consumer relationship` structured by a `contractual obligation by membership`.