One person had his car scratched in a housing estate, but he reacted in the wrong way as he told the guards to confront the offender.
The owner of an apartment comments: “Recently a resident of the complex in which I live accused me of having crashed his vehicle and, in light of this, assigned two security guards the functions of traffic experts to prove the fact for which he was not responsible.
“And it went further since it gave them the power to collect the alleged damages and even bell ringers, to inform them of my joining the group to attack me. Does the acceptance of these functions have any legal basis? Can employees of private security and surveillance companies exercise them? ”
The procedure to be followed to resolve this conflict is determined by Law 675 of 2001 and the horizontal property regulations.
The owner or the affected resident must inform the administration of the fact so that, in accordance with the regulations, it can carry out an investigation and convene the coexistence committee.
In the event that an agreement is not reached with the recommendations of the people who make it up and without prejudice to the power of the judges to resolve the situation, a conciliatory lawyer or a conciliation centre may be consulted – if necessary. In order to determine responsibilities.
The imposition of functions on the guards by the owner affected with the damage to his vehicle, trying to solve the problem himself, ignoring the rules and regulations of horizontal property is disturbing the right of use and quiet enjoyment of the consultant’s apartment.
In addition, it affects their tranquillity and privacy and encourages the guards to fail to comply with their legal functions by engaging in tasks that do not correspond to them.
Therefore, the administrator must file the complaint with the surveillance company so that they take the measures since the guards, arbitrarily, are assuming attributions that do not concern them, neglecting theirs.
According to article 73 of Law 356 of 1994, “the purpose of the surveillance and private security services is to reduce and prevent threats that affect or may affect life, personal integrity or the quiet exercise of legitimate rights over the property. Of the people who receive their protection, without altering or disturbing the conditions for the exercise of the rights and public liberties of citizens”.
According to the law, the function of the guards is also to provide protection
Article 74 of Law 356 of 1994 also determines the principles, duties and obligations that govern the provision of the private security and surveillance service. Among them, “attend in due form the claims of the users and adopt immediate measures in the event that any of their dependents is involved, by action or omission, in acts that threaten the goods or the people to whom they provide vigilance or protection ”.