Who is responsible in the event of a robbery in a residential complex? This is what the law says.

In recent years, the number of people living in horizontal properties has grown significantly. The newspaper Portafolio reports that approximately 60% of Colombians live in this type of housing , and in Bogotá alone, around 70% of the population lives in residential complexes, condominiums, or gated communities, according to data revealed by the District Institute for Citizen Participation.

Security is one of the main benefits enjoyed by those who live in this type of housing; however, there has been an increasing number of burglaries in condominiums, leading residents of residential complexes to wonder who is responsible for the losses, as condominium management must ensure the safety and well-being of its residents.

In Colombia, liability in the event of theft in a residential complex or any type of horizontal property is regulated mainly by Law 675 of 2001 or the Horizontal Property Law and the Civil Code , which establish that the administration of the complex, through the administrator or the board of directors, has the obligation to guarantee common security, that is, areas such as the gatehouse, cameras, fences, etc., and must hire security if so stipulated in the horizontal property regulations.

Because of this, the complex's management must accept responsibility for theft when it occurs due to security breaches, i.e., the security guard left the gate unattended or failed to report any damage to gates or fences.

However, Article 14 of Law 675 also states that the complex must be responsible for damages caused in common areas, and does not cover losses within private units, as long as the owner or resident can prove the management's negligence.

Article 3 of Law 675 also stipulates that: “Each resident is responsible for their private unit,” so if the burglar entered due to the resident's carelessness in leaving the door open, the management is not obligated to respond.

On the other hand, if the complex has a contracted security or surveillance service, the company must respond if the security guard breached his duty, fell asleep, or failed to perform the required rounds. In this case, the victim must prove negligence and sue the company, as established in Article 2341 of the Civil Code.

ALEJANDRA HERNÁNDEZ TORRES

DIGITAL REACH EDITORIAL