Limitation of rights in the horizontal property regime in Ecuador / p. 68-80

Abstract

The housing under the horizontal property regime has been the solution that many inhabitants of cities with high crime rates have opted for in order to protect their safety. Despite this, organized crime groups have managed to enter these developments by buying or renting properties, which undermines the security of their inhabitants and forces them to make decisions to deal with this threat. This study analyzes the possibility that homeowners associations may limit property rights in cases where the purchase or rental of housing may threaten the security of the inhabitants of urbanizations subject to the horizontal property regime, for this purpose the current regulations are analyzed to determine their relevance, The criteria of several authors with respect to horizontal property are also mentioned, all this through a documentary analysis in which it can be observed how there is the possibility of being able to limit the property rights of the inhabitants of an urbanization, given that the limitation of the property right to the good and interests of the common good can be considered a threat to the security of the inhabitants of the urbanization, and that it can be considered a threat to the security of the inhabitants of the urbanization, but this must be done following a process in which all participants agree to submit to such a provision that may limit their property rights, because the regulations do not contemplate this possibility, for the research the methodology used is based on a qualitative approach, which includes a bibliographic and documentary review of various regulations and authors related to the limitation of property rights in the horizontal property regime in Ecuador