How to Charge 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 (ordinary common expense) is one of the most recurring sources of conflict between owners, tenants, and property managers. When a property falls into arrears, critical questions often arise: who can the management sue?, what is the maximum late interest rate allowed?, and how should this payment be stipulated in the lease agreement?

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

1. Who is the real legally responsible party 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 private parties. Before the legal entity of the horizontal property, the only debtor and legal taxable subject is the property owner..

Article 29 of Law 675 of 2001 strictly establishes that owners of private assets are obligated to contribute to the payment of expenses necessary for the existence, safety, and conservation of common goods. Although the lease agreement may have stipulated that the tenant will pay the administration fee directly at the front desk or via transfer to the community, the administration has no contractual bond with the tenant.

If the tenant stops paying three months of administration fees, the building manager will not initiate pre-legal collection against the tenant, but against the owner. Likewise, there is solidarity in the payment of expenses when a transfer of ownership occurs: whoever buys an apartment is jointly liable for the outstanding administration debts left by the seller, unless a clearance certificate 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 structure of administration payments in two clear ways within the lease agreement:

• Global rent (administration included): The tenant pays a single monthly amount to the landlord (for example, COP $2,500,000), and it is the owner who is responsible for transferring the fee to the community. It is the safest method for the owner, as they maintain full control of 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 must require the tenant to send the payment receipt along with the rent receipt every month.

If you wish to delve deeper into the clauses that should not be missing 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 listings and 22,590 recent views in that section: leaving it in writing if the ordinary fee is included in the rent prevents friction before signing.

3. Calculation of late interest and permitted 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 default interest. However, the administration cannot set any percentage arbitrarily.

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

Concept	Legal Rule (Law 675 of 2001)	Detail / Application
Maximum Late Interest Rate	1.5x Current Banking Interest	Certified monthly by the Superfinanciera.
Contingency Fund	Minimum 1% of the annual budget	Mandatory to address common emergencies (Art. 35).
Penalty for Non-compliance	Publication in minutes and suspension of common areas	Previously approved in internal regulations.
Executive Title	Certification signed by the Administrator	Allows for immediate legal collection initiation (Art. 48).

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 arrears exceed 60 or 90 days, the administration usually sends 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 settlement certification issued and signed by the building manager—together 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 preventive seizures on the bank account, salary, or the debtor's property itself.

Is it legal to publish lists of defaulters?

This is one of the most heated disputes in residential complexes. 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 you 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 publish: At the main entrance, in elevators, or on exterior 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 vehicle spaces, we recommend checking the current regulations in our guide on the charging of parking fees in horizontal property under Law 675.

5. What the administration can NEVER do to pressure payment

No matter how large the apartment administration debt is, the administrator or the board of directors has strict legal limits. Resorting to self-help measures to force payment is illegal and exposes the residential complex to civil lawsuits and police complaints.

It is strictly forbidden to:

1. Cut off household utility services: The administration cannot suspend water, electricity, or gas, as these contracts are directly with the public utility service provider companies.
2. Prevent entry to the property: Neither the owner nor their tenants can be restricted from passing through the main entrance, nor denied the use of the elevator or the intercom.
3. Prohibit moving or relocation: Unless the horizontal property regulations expressly include a 'peace and safe' (paz y salvo) requirement for moving and this has been notified with due process, withholding belongings or blocking a move constitutes a self-help measure.

What is allowed is to restrict the use of non-essential common areas, such as the pool, the gym, the sauna, or reserving the community hall, provided that such a sanction is contemplated in the complex's internal regulations.

If the non-payment of the fee comes from a tenant in recurring arrears who has also stopped paying rent, the owner must act quickly by initiating the process for restitution of leased property to recover possession of the apartment. Furthermore, to prevent setbacks with utility bills, review the guidelines for public utility 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 one legally responsible directly to the gated community administration according to Article 29 of Law 675 of 2001. Although it may be agreed in the lease contract 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 ceiling 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 may vote for a lower rate, but can never exceed that legal ceiling without incurring in usury.

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

Non-payment of the administration fee by the tenant constitutes an express cause for termination of the lease contract according to Law 820 of 2003. The landlord must get up to date with the complex's administration to avoid executive collections and may request the restitution of the property through legal channels.

❓ Is it legal to publish the list of delinquent owners at the complex's entrance?

It is not legal to publish lists of debtors at the entrance or in public access areas for visitors. Law 675 of 2001 authorizes the publication of debtors only in private areas intended exclusively for the knowledge of the 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 the owner or tenant in arrears?

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

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

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

❓ Where can I publish an apartment for rent making the administration fee value clear?

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