The "Conserje" Factor: A Broker's Legal Guide to Buildings with Doormen in Cuenca

The presence of a conserje offers tangible enhancements to daily life, which is why these properties are in high demand.

The Allure of the Conserje: Understanding the Benefits

Enhanced Security: This is the primary draw. A conserje acts as a gatekeeper, monitoring access, vetting visitors, and deterring opportunistic crime. For expats, this provides a profound sense of safety that is difficult to replicate.
Package and Mail Management: A reliable conserje solves the logistical challenge of receiving packages and mail, especially when you are traveling or awaiting important documents from abroad. This service prevents loss or theft from unattended mailboxes.
First-Line Assistance: A good conserje is a valuable local resource. They can assist with minor building issues, help coordinate with repair technicians (gasfiteros, electricistas), and handle day-to-day building upkeep, from changing lightbulbs in common areas to ensuring the elevator is functioning correctly.
Building Upkeep and Value: The conserje is directly responsible for the cleanliness and maintenance of common areas (áreas comunales). A well-maintained building not only provides a better living experience but also protects your property's long-term value.

The Counterbalance: Financial and Legal Realities

While the benefits are clear, it is imperative to approach these properties with a lawyer's perspective, understanding the financial and legal implications baked into the Propiedad Horizontal structure.

Higher Monthly Costs (Alícuotas): The conserje's salary, benefits, and mandatory social security contributions (IESS) constitute the single largest line item in a building's budget. These costs are passed on to owners through monthly condominium fees, known locally as alícuotas or gastos comunes. Expect these fees to be significantly higher than in buildings without a full-time caretaker.
Labor Law Liabilities: As a co-owner, you are a co-employer. The building's owners' association (asamblea de copropietarios) is legally the employer of the conserje. If the building's administration fails to comply with Ecuadorian labor law—such as not paying IESS contributions, "thirteenth and fourteenth month" bonuses, or severance—the liability falls upon all owners. A labor dispute can result in a legal claim or lien against the entire building.
Management Inefficiency and Disputes: The effectiveness of a conserje is directly tied to the competence of the building's administrator (administrador). A poorly managed building can lead to a demotivated or ineffective conserje, interpersonal conflicts, and a decline in service, creating a frustrating environment for residents.
Special Assessments (Cuotas Extraordinarias): Beyond the monthly alícuota, you may be subject to special assessments approved by the owners' assembly. These can be for major repairs (e.g., roof, elevator, facade) or, in a worst-case scenario, to cover legal settlements or unbudgeted staff costs.

Essential Due Diligence: A Lawyer's Checklist for Your Protection

Before you sign a Promesa de Compraventa (Purchase and Sale Agreement), my team conducts a rigorous due diligence process. This is non-negotiable.

Obtain a Fresh Certificado de Gravamen: This is the single most important document. It's an official certificate from the Registro de la Propiedad (Property Registry) issued within days of your closing. It confirms the legal owner and, crucially, reveals if there are any liens, mortgages, lawsuits, or other encumbrances (gravámenes) against the property. An old certificate is worthless; the status can change overnight.
Scrutinize the Declaratoria de Propiedad Horizontal and Reglamento Interno: These are the building's constitution. They outline the rights and obligations of all owners, define the percentage of ownership (alícuota) that determines your share of expenses, and set the rules for common areas and governance.
Analyze the Financial Records: I demand at least 12 months of financial statements and the minutes (actas) from the last two Asambleas de Propietarios (Owners' Assemblies). This reveals the building's financial health, history of special assessments, pending major expenses, and any ongoing disputes with staff or among owners.
Verify No Outstanding Debts: I secure certificates from the municipality confirming no outstanding impuesto predial (property tax) is owed. We also obtain a certificate from the building administrator stating that the current owner is up-to-date on all alícuotas. In Ecuador, these debts can transfer with the property to the new owner.

Navigating the Transaction: From Offer to Ownership

The Ecuadorian property transfer process is precise and designed to protect all parties when followed correctly.

The Promesa de Compraventa (Promise to Purchase): This initial binding contract, drafted by a lawyer, locks in the price and terms. It includes critical contingency clauses allowing you to exit the deal without penalty if due diligence reveals unacceptable risks, such as an undisclosed lien on the Certificado de Gravamen.
Tax Obligations: The closing process involves two key taxes:
- Alcabala (Property Transfer Tax): Paid by the buyer. In Azuay province, this is approximately 1% of the municipal valuation of the property.
- Plusvalía (Capital Gains Tax): Paid by the seller. This is a municipal tax on the profit from the sale. While it's the seller's duty, we ensure proof of payment is provided to the Notary, as an unpaid Plusvalía can create future title issues. Hyper-Specific Note: Ecuadorian law provides exemptions for sellers who have owned the property for over five years, a common scenario we verify.
The Minuta and Escritura Pública (Deed): A lawyer prepares the Minuta (draft deed), which is then elevated to an Escritura Pública (Public Deed) and signed before a Notario Público (Notary Public). The Notario is a specialized lawyer and state official who verifies the identity of the parties, the legality of the funds, and that all taxes have been paid before authorizing the signature.
Final Registration: The final, critical step is registering your signed Escritura Pública at the Registro de la Propiedad. Only when this is complete are you the undisputed, legal owner of the property. My office manages this process from start to finish to ensure your title is secure.

Real Estate Due Diligence Checklist for Buildings with a Conserje

[ ] Obtain and review the Declaratoria de Propiedad Horizontal.
[ ] Obtain a Certificado de Gravamen dated within 3-5 days of closing.
[ ] Analyze 12 months of alícuota statements and the current budget.
[ ] Review the minutes from the last two Asambleas de Propietarios.
[ ] Secure a Certificate of No Debt from the Municipality (impuesto predial).
[ ] Secure a Certificate of No Debt from the building administrator (alícuotas).
[ ] Inquire about the building's IESS compliance for all staff.
[ ] Clarify any planned special assessments (cuotas extraordinarias).

⚠️ Broker's Legal Warning: The Unregistered Construction Veto

In Cuenca, it is common for owners or building administrators to make additions or modifications (aumentos) without obtaining the proper municipal permits and updating the property's legal records (declaratoria de fábrica). This can include enclosing a balcony, adding a room on a terrace, or altering common areas. This is a critical red flag. Unregistered construction renders a property technically unsellable, can lead to municipal fines or demolition orders, and will create significant legal problems for you down the road. If our title search and physical inspection reveal construction that is not reflected on the official property deed and municipal plans, I will advise you to veto the purchase unless the seller agrees to bear the full cost and time to legally register the changes before you close. This is a non-negotiable point of protection.

Choosing a home with a conserje offers a lifestyle many expats seek. The key to a successful investment lies not in avoiding these buildings, but in approaching them with rigorous, expert-led due diligence. My role is to peel back the layers, expose the risks, and ensure your purchase is legally sound and financially transparent.

If you are considering a property in Cuenca, I invite you to schedule a complimentary property-risk consultation. Let's ensure your dream home is built on a foundation of legal and financial security.