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04 — REAL ESTATE

Disputes in gated communities and HOAs: representation of owners and management

Life under horizontal property regime and in gated communities is ideally an efficient arrangement for sharing costs and enjoying common services. In practice, however, it is one of the most frequent sources of litigation: excessive or unjustified maintenance fees, procedurally flawed meetings, disproportionate penalties, and disputes between owners and management.

The legal framework is provided by Law 13.512 on Horizontal Property (for apartment buildings) and Articles 2073 to 2086 of the Civil and Commercial Code (for gated communities: country clubs, private neighborhoods, rural clubs). Each property has its own co-ownership or management regulations, which are binding law between the parties.

Typical disputes we handle

Claim and enforcement of maintenance fees

Both from the HOA's side (recovery of overdue maintenance fees using the certificate under Art. 524 CPCCN) and from the owner's side (challenging miscalculated fees, unauthorized expenses, or charges without basis).

Challenging assembly decisions

Meetings called with procedural defects, decisions made without quorum, majority abuse prejudicing the minority. Deadlines to challenge are short — typically 30 days — and strict compliance is essential.

Disciplinary sanctions

Fines, suspension of access to common services, referral to the assembly for misconduct. Defense requires analysis of the regulations, evidentiary support, and proportionality review.

Disputes over common areas

Pool, barbecue area, parking, gym, green spaces. When regulations are ambiguous or administrative decisions are discretionary, conflicts arise that require professional intervention.

Unauthorized modifications

Extensions, renovations, and changes of use affecting other owners or violating regulations. We handle claims for work stoppage, demolition, and damages.

Disputes with management

Change of management, financial reporting, irregularities in handling the common fund, hiring vendors at inflated prices.

Co-ownership regulation disputes

Amendments, interpretations, declaration of abusive or void clauses.

Specificities of gated communities and private neighborhoods

Gated communities have specific rules: neighborhood bylaws, internal use regulations, a board of directors elected by residents, and maintenance fees that can be significantly higher than those of a regular building. We have represented owners and management in Nordelta, Pilar, Tigre, Escobar, and other communities. We are familiar with the internal dynamics and typical conflict points: pet regulations, use of nautical areas, building restrictions, speed penalties, and visitor control.

Why choose Tchestnykh & Asociados

  • Experience in gated communities in Pilar, Tigre, Escobar, Nordelta
  • Representation of both owners and management
  • Handling of maintenance fee litigation — fast recovery
  • Advisory on regulation review and amendment
  • Real estate purchase/sale
  • Lease agreements
  • Evictions