How do condominiums and HOA fees work in Venezuela?

Official read in the law or the Gazette. Reported from law firms, press or operators, with their date. Unconfirmed no reliable source: check before deciding.

The law and the condominium deed

The rule is the Horizontal Property Law, published in Official Gazette 3,241 Extraordinary of August 18, 1983 Official. We found no reforms between 2023 and 2026; the text we read should be checked against the Gazette Unconfirmed.

Before selling by apartments, the building’s owner executes before a notary the condominium deed (art. 26) Official. It must include:

• the history of title to the land and the building;
• each unit and its boundaries;
• the common areas;
• the use of the building;
• the value and the percentage of each unit;
• the liens and the plans.

It has an attached Condominium Regulation, mandatory, which the assembly can amend Official. The sale of an apartment without a registered condominium deed is void (art. 31) Official.

The percentage and the common expenses

• Each unit’s percentage is calculated on the building’s total value and changes only by unanimity (art. 7) Official.
• Common expenses are those of administration, conservation, repair and replacement of the common things, plus those approved by 75% (art. 11) Official.
• Each owner pays them in proportion to their percentage (art. 12) Official.

Example: if your apartment has 2% in the condominium deed and the month’s common expenses add up to 1,000, your fee is 20.

The debt follows the property

Article 13 says condominium debt “always follows the ownership of the apartment or unit” Official. Whoever buys answers for the earlier debt and can then claim it from the seller Official.

How a delinquent owner is collected from

• The statements the administrator issues “shall have executory force” (art. 14) Official. Signed minutes serve as evidence.
• The condominium has a privilege over the debtor’s movable property (art. 15) Official.
• In the courts the executory procedure of the Code of Civil Procedure is used (arts. 630 and following). Rulings require filing the constitutive deed or the regulation and receipts that meet the requirements Official.
• The law sets no default interest rate Official. Whether the Civil Code’s legal rate applies is Unconfirmed.

What two lawyers told El Diario in August 2023 Reported:

• You cannot cut the water, the elevator or the parking, nor limit the common areas.
• You cannot shame delinquents on social media or take away their voice and vote.
• A lawsuit takes about 11 months.
• The executory attachment prevents selling or mortgaging and can end in a forced auction.
• Payment agreements are approved by the court.

If an owner repeatedly falls behind, 75% can approve the forced sale of their unit (art. 39) Official.

Condominium board and administrator

Board (art. 18) Official:

• At least 3 co-owners and 3 alternates, elected by the assembly for 1 year, and they can be re-elected.
• It is mandatory and is formed within 60 days after 75% of the units are sold.

Administrator (arts. 19–21) Official:

• Appointed by the assembly by majority for 1 year and can be removed. If none is appointed, a judge can designate one. A guarantee must be provided.
• Collects the fees, keeps the accounts and the stamped books, presents an annual report and represents the condominium in court only with the board’s authorization.
• If the administrator does not act, any owner can carry out urgent works.

Assemblies, majorities and challenges

• By default decisions are made by written consultation, with the majority of owners representing at least 2/3 of the value. In a second consultation, more than half of the value of those who respond within 8 days is enough (art. 23) Official.
• The assembly is called at the request of owners representing 1/3 of the value, with at least 3 days’ notice, through the local press and a notice at the entrance (art. 24) Official.
• Any owner can challenge a decision before the judge within 30 days, by brief trial (art. 25) Official.

All of these majorities are Official.

Uses and renovations

• In a residential building, offices, shops or other activities are not allowed unless provided for, nor noise or nuisance (art. 3) Official.
• Interior renovations are notified to the administrator and cannot affect the structure or the façade (art. 4) Official.
• The other owners have no right of first refusal to buy your apartment (art. 2) Official.
• Whether a condominium regulation can prohibit rentals by the day we have not verified Unconfirmed.

If the apartment is rented: who pays?

• Housing with a lease signed since 08-07-2026: the owner pays the condominium fee and the urban property tax, unless agreed otherwise (art. 19 of the new law) Official. You can agree that the tenant pays, but it has to be in writing. More in the 2026 housing rental law.
• Housing with an earlier lease: the 2011 law continues; who pays the condominium fee under that law we have not verified Unconfirmed.
• Commercial premises: 2 unpaid condominium fees are grounds for eviction (art. 40 of Decree 929) Official. More in commercial lease in Venezuela.

Toward the condominium, the one who answers is always the owner: the debt follows the property.

Fees in dollars

We found no rule or ruling on condominium fees in foreign currency Unconfirmed.

The only thing documented: lawyers cited by El Diario in 2023 called “bad practice” extraordinary fees that do not appear on the receipt or are charged in foreign currency without appearing on it, and said they are hard to claim Reported. If your board wants to set fees in dollars, have a lawyer review it and make sure the fee always appears on the receipt or statement. To convert it to bolívares, use the BCV rate today.

This guide explains the law; for a specific collection or challenge case, consult a lawyer.