How to Collect and Pay the Administration Fee in Gated Communities (Law 675 in Colombia)

Living or renting in a gated community in Colombia offers obvious advantages such as private security, parking, and common areas. However, the administration fee (common expense) is one of the most recurring sources of conflict between owners, tenants, and administrators. When a property falls into arrears, critical questions usually arise: who can the administration sue?, what is the maximum late payment interest allowed?, and how should this payment be stipulated in the lease agreement?

In this guide, we break down the legal framework established by Law 675 of 2001 (Horizontal Property Regime) and Law 820 of 2003 (Urban Housing Lease) to protect your assets and manage these collections fairly and legally.

1. Who is the true legal party responsible to the administration?

The starting point that causes the most confusion in co-ownerships is the difference between the legal relationship with the building and the contractual relationship between individuals. Before the legal entity of the horizontal property, the only debtor and legal taxable person is the property owner..

Article 29 of Law 675 of 2001 states categorically that owners of private property are required to contribute to the payment of expenses necessary for the existence, security, and preservation of common areas. Even if the lease agreement states that the tenant will pay the administration fee directly to the reception or by transfer to the community, the administration has no contractual bond with the tenant.

If the tenant fails to pay three months of administration fees, the building administrator will not initiate pre-legal collection against the tenant, but against the owner. Likewise, there is solidarity in the payment of expenses when a property transfer occurs: whoever buys an apartment is jointly liable for the pending administration debts left by the seller, unless a clearance certificate (paz y salvo) is presented at the time of the public deed.

2. How to stipulate the administration fee in the lease agreement

To avoid unpleasant surprises where the owner discovers a massive debt with the co-ownership, Law 820 of 2003 allows for the structuring of the administration payment in two clear ways within the lease agreement:

• Global rent (administration included): The tenant pays a single monthly amount to the landlord (e.g., COP $2,500,000), and it is the owner who is responsible for transferring the fee to the building. This is the safest method for the owner, as it maintains full control over the payments.
• Direct payment by the tenant: A net rent is stipulated (e.g., COP $2,100,000) and a clause is added where the tenant commits to paying the administration fee independently (e.g., COP $400,000). In this case, the contract should require the tenant to send the payment receipt along with the rent payment every month.

If you wish to delve deeper into the clauses that must be included or those that violate your rights, consult our guide on abusive clauses in lease agreements in Colombia..

According to active listings on Colombia Move (August 2026), there are 119 active housing ads and 22,590 recent views in that section: putting in writing whether the ordinary fee is included in the rent prevents friction before signing.

3. Calculation of late payment interest and allowed legal caps

When a resident or owner is late in paying the administration fee within the deadline set by the assembly (usually the first 10 or 15 days of the month), the co-ownership has the right to charge late interest. However, the administration cannot set any percentage arbitrarily.

Article 30 of Law 675 of 2001 determines that the late payment interest rate will be equivalent to one and a half (1.5) times the Current Banking Interest certified by the Financial Superintendency of Colombia for consumer or ordinary loans. For example, with a Current Banking Interest rate of 19.77% E.A. (set by the Superfinanciera through Resolution 1139 of 2026), the maximum late payment rate cannot exceed 1.5 times that certification. Charging above this limit constitutes the crime of usury.

It should be noted that the General Assembly of Co-owners can approve by quorum an interest rate lower than the legal maximum, but never a higher one. Likewise, Article 35 requires allocating at least 1% of the annual budget to the contingency fund, which is collected within the same ordinary fee.

4. Pre-legal collection, lists of defaulters, and executive merit

When the default exceeds 60 or 90 days, the administration usually refers the portfolio to pre-legal collection with a lawyer. At this point, Law 675 provides extremely agile collection tools:

According to Article 48 of Law 675, the debt liquidation certification issued and signed by the building administrator—along with a copy of the assembly minutes where the budget was approved— has executive merit. This means that the lawyer does not need to convene a long declaratory process: they can directly file an executive lawsuit before a civil judge to request precautionary attachments on the debtor owner's bank account, salary, or the property itself.

Is it legal to publish lists of defaulters?

This is one of the most heated disputes in these communities. The paragraph of Article 30 of Law 675 authorizes the publication of the list of defaulting co-owners. However, the Constitutional Court has limited this practice so as not to infringe on the right to a good name and habeas data:

• Where one CAN publish: In areas of private access exclusive to co-owners, such as the community room bulletin board, the assembly meeting notice, or the annexes of the minutes sent to the owners.
• Where you CANNOT post: At the main security desk, in elevators, or on external gates where visitors, delivery personnel, or people outside the building can see names and apartment numbers.

Additionally, if the arrears involve the occupation or improper charging of parking spaces, we recommend reviewing the current rules in our guide on the charging of parking spaces in horizontal property under Law 675.

5. What the administration can NEVER do to pressure payment

No matter how large the apartment's administration debt may be, the administrator or the board of directors have strict legal limits. Resorting to extrajudicial actions to force payment is illegal and exposes the condominium to civil lawsuits and police complaints.

It is strictly prohibited to:

1. Cut off residential public utilities: The administration cannot suspend water, electricity, or gas, as these contracts are directly with the public utility service providers.
2. Prevent entry to the property: Neither the owner nor their tenants can be restricted from passing through the security desk, nor denied the use of the elevator or the intercom.
3. Prohibit moving in or out: Unless the horizontal property bylaws expressly include a requirement for a clearance certificate for moves and this has been notified with due process, withholding belongings or blocking a move constitutes an illegal extrajudicial action.

What is permitted is restricting the use of non-essential common areas, such as the swimming pool, gym, sauna, or social room reservations, provided that such sanction is contemplated in the condominium's internal regulations.

If the failure to pay the fee comes from a tenant who is a recurring delinquent and has also stopped paying the rent, the owner must act quickly by initiating the restitution process for leased property to recover possession of the apartment. Additionally, to prevent disasters with utility bills, review the guidelines for utility service guarantees in lease contracts.

Frequently Asked Questions

❓ Who is legally obligated to pay the administration fee to the co-ownership?

The property owner is the only direct legal party responsible to the condominium administration according to Article 29 of Law 675 of 2001. Although the lease contract may agree that the tenant assumes payment, before the co-ownership, the legal debtor will always be the owner registered on the Certificate of Freedom and Tradition.

❓ What is the maximum interest on arrears that a gated community can charge in Colombia?

The cap for arrears is 1.5 times the Current Banking Interest certified by the Superfinanciera (Art. 30, Law 675 of 2001). The general assembly of co-owners can vote for a lower rate, but can never exceed that legal ceiling without incurring usury.

❓ What happens if a tenant does not pay the administration fee agreed upon in the lease contract?

Failure to pay the administration fee by the tenant constitutes an express ground for termination of the lease contract according to Law 820 of 2003. The landlord must settle their debt with the condominium administration to avoid executive collection and may request the restitution of the property through legal channels.

❓ Is it legal to post the list of delinquent owners at the condominium security desk?

It is not legal to post lists of debtors at the security desk or in visitor access areas. Law 675 of 2001 authorizes the publication of debtors only in private areas intended exclusively for the knowledge of co-owners, such as community room bulletin boards or minutes sent to the owners, protecting the right to a good name.

❓ Can the administration restrict the use of common areas to a delinquent owner or tenant?

Yes, it can suspend non-essential common areas if the internal regulations allow it (Law 675 of 2001). This covers the pool, gym, or social room; it cannot block the apartment, private parking, or essential public utilities.

❓ What document does the administrator need to sue for the payment of overdue fees?

The administrator requires the debt liquidation certificate signed by him in his capacity as the legal representative of the co-ownership. This document has executive merit (Art. 48, Law 675 of 2001), allowing for the request of preventive attachment of bank accounts or real estate directly before a civil judge.

❓ Where can I list an apartment for rent making the administration fee amount clear?

You can list your property in the housing section of Colombia Move, consulted in August 2026, indicating whether the administration fee is included in the rent. This builds immediate trust with potential tenants and prevents misunderstandings during the term of the contract.