How Law 675 Works for Renting in Gated Communities in Colombia

Renting a home in a gated community or building in Colombia involves much more than setting a monthly rent and signing a contract. Those who rent out or move into a property under the horizontal property regime quickly discover they are living under two parallel regulatory frameworks: the private lease agreement and the building's internal regulations. When noise, unexpected moves, or pet ownership issues arise, doubts often emerge about the extent of the administrator's authority and the actual rights of owners and tenants.

In the Colombian real estate market, the vast majority of urban apartments are governed by Law 675 of 2001. Understanding its scope helps avoid common abuses, arbitrary fines, and unnecessary friction between neighbors, ensuring that the rental is profitable for the owner and peaceful for the resident. According to active listings on Colombia Move (September 2026), the housing section has 135 ads, with 44 active apartments—25 of them for rent—while short-term rentals have only 2 ads against 330 views: there is demand for housing, but few owners publish with clear co-ownership rules. If you are going to look for a tenant, be careful with the concierge's WhatsApp and with copying the regulations into the contract: the seller (owner) is responsible to the complex, even if the occupant pays the fee.

The two laws governing rentals in co-owned properties

When renting out a property subject to horizontal property, two completely distinct legal relationships are in effect:

• The lease contractual relationship (Law 820 of 2003): Links exclusively the landlord (owner) with the tenant (renter). It regulates the rent, duration, annual increases, and causes for contract termination.
• The horizontal property regime (Law 675 of 2001): Regulates the relationship between the owners of private units and the common areas of the complex (reception, elevators, hallways, green areas).

In accordance with Article 18 and Article 22 of Law 675, occupants under any title—including tenants—are subject to the rules of cohabitation and the co-ownership regulations. For this obligation to be enforceable in a transparent manner, Subsection 4 of Article 8 of Law 820 of 2003 imposes on the owner the legal obligation to provide a copy of the horizontal property regulations to the tenant when starting the contract. A useful template is in the urban housing lease agreement template under Law 820.

Administration fee: who is legally responsible to the complex?

It is very common in a lease contract to agree that the tenant pays the monthly ordinary administration fee directly to the building's account or through the landlord. However, regarding the administration of the co-ownership, the only principal obligor is the owner, as stipulated by Article 29 of Law 675 of 2001.

If the tenant is late in paying the common expense, the building administration will not sue the tenant: it will initiate legal and pre-legal collection directly against the property owner. For this reason, the owner must verify monthly that payments are up to date and not delegate total control to the occupant. To delve deeper into delinquency procedures and interest calculations, you can consult our guide on how to collect and pay the administration fee in gated communities.

Legal limits on fines and cohabitation sanctions

One of the biggest sources of conflict in buildings and gated communities is the imposition of fines for violations of the cohabitation manual: noise during prohibited hours, misuse of trash, or invasion of common areas. Regarding this, Law 675 sets strict limits that every administration must follow:

Regulated aspect	Legal limit (Law 675 of 2001)	Prohibited practice
Sanctioning authority	General Assembly or Board of Administration (if expressly delegated by the regulations).	Sanctions imposed unilaterally by the administrator or security guards.
Cap per individual fine	Up to 2 times the value of the offender's monthly administration fee.	Arbitrary fines or those calculated in disproportionate minimum wages.
Annual cumulative cap	Maximum of 10 monthly administration fees in the course of one year.	Unlimited successive charges that financially suffocate the occupant.
Due process	Prior written notice, formulation of charges, and the right to present defenses and evidence.	Charging the fine to the invoice without prior notice or opportunity for defense.

Likewise, Article 58 clarifies that the cohabitation committee has no authority to sanction or fine; its function is solely as an amicable mediator to attempt to resolve neighborhood disputes through agreements. Additionally, the Constitutional Court in Judgment C-318 of 2002 guaranteed that tenants have the full right to be heard and exercise their material defense against any complaint that compromises their peace or finances. Charging for common areas such as visitor parking has its own rules; see charging for visitor and private parking in horizontal property.

Moving in and out: schedules, deposits, and the illegality of withholding furniture

The moment of moving often generates operational friction at the reception. The co-ownership has the right to set reasonable hours for moving (generally Monday to Saturday during daytime hours) in order not to disturb the collective rest, as well as to request notice in advance to schedule the use of the freight elevator.

It is also legal for the complex to request a refundable security deposit intended to cover potential damage to walls, doors, or elevators during the transport of goods. Once the integrity of the common areas is verified, said deposit must be refunded immediately.

What is absolutely illegal is for the administration to block the entry or exit of a move due to unpaid administration fees. The Constitutional Court, in Judgment T-440 of 1997, established clear jurisprudence: impeding the transport of property or retaining furniture constitutes an unconstitutional act of force. Debts must be claimed through an executive process in civil courts by presenting the debt certification issued by the administrator (Article 48 of Law 675), but never by violating the freedom of movement or de facto appropriating someone else's belongings. Before finalizing a delivery, it is fundamental to review how to request the administration clearance certificate (paz y salvo) in horizontal property.

Pets in gated communities: What the Constitutional Court says

No horizontal property regulation or lease agreement can absolutely prohibit the keeping of domestic animals in apartments. The Constitutional Court (Sentences T-035/97, T-034/13, and T-199 of 2026) has repeatedly protected this right under the principles of free development of personality and personal and family privacy.

Restrictions in a community can only be aimed at ensuring safety and hygiene in common areas:

• Mandatory leash use: Dogs must be kept on a leash when transiting through hallways, elevators, and green areas.
• Muzzle use: Applies only to breeds classified as special management according to the National Citizen Security and Coexistence Code (Law 1801 of 2016).
• Hygiene and cleanup: The owner must immediately pick up waste and maintain proper hygiene to avoid offensive odors.

It is forbidden to ban the use of elevators for residents accompanied by their pets or to demand additional administration fees for having companion animals in the home.

Traditional rental versus tourist housing (Airbnb)

It is crucial to distinguish between two modalities with completely opposite legal regimes:

1. Traditional residential rental (30 days or more): Governed by Law 820 of 2003. The co-ownership cannot prohibit an owner from renting their apartment to families or individuals who follow coexistence rules.
2. Tourist housing or short-term stay (less than 30 days): Regulated by Law 2068 of 2020. This activity is commercial and hotel-oriented. By legal provision, it is only permitted if the horizontal property regulation expressly authorizes it. If the regulation does not include it or the assembly has prohibited it, the community can deny entry to rotating guests and impose corresponding actions before tourism authorities.

If you rent out your property traditionally, be sure to include clear clauses on exclusive residential use and verify your candidates' backgrounds by checking our recommendations on how to prevent identity theft in rentals.

Frequently asked questions

❓ Can a community management forbid a tenant from having pets?

No: with the jurisprudence of 1997, 2013, and 2026 in effect, the community cannot prohibit pets in the home. It can only require a leash, hygiene, and a muzzle for special management breeds, according to the Constitutional Court and Law 1801 of 2016.

❓ Can a building administrator impose fines directly?

No. Article 60 of Law 675 of 2001, still in effect, denies the administrator that unilateral power. Only the assembly or the council can issue fines if the regulation has delegated that authority, always with prior written opportunities to defend oneself.

❓ What is the maximum fine they can charge in a gated community?

Up to two monthly administration fees per fine, according to Article 59 of Law 675 of 2001. In a calendar year, the total cannot exceed ten fees; source: current legal text.

❓ Is it legal for the community to withhold moving out if there are pending fees?

It is neither safe nor legal: Sentence T-440 of 1997 prohibits withholding belongings due to late payments. Collection must be handled through an executive process against the owner, not by blocking them at the gate.

❓ Does the tenant have the right to attend and vote in co-owner assemblies?

They have a voice on issues of habitability, according to Sentence C-318 of 2002, still in effect. Voting rights only exist if the owner grants them written power of attorney; without power of attorney, they do not vote in the assembly.

❓ Where can I publish an apartment for rent in a gated community without paying commissions?

In the housing section of Colombia Move, without real estate commission. Detail the rent, administration, and regulation to filter out curious onlookers and talk via WhatsApp with real interested parties.