The mortgage credits constituted prior to submitting the property to the horizontal property regime shall be subject to the provisions set forth in § 2570 of Title 30, but the creditor, upon initiating the collection procedures, shall direct the action for the total guaranteed amount simultaneously against all the owners of apartments with liens. If such credits are constituted after the property is organized under the horizontal property regime, their distribution shall be conducted in the manner referenced in § 2566 of Title 30 among apartments with liens that are already built; and regarding apartments merely projected or still being built, the distribution of the credit should be conducted among the participations or inscribed rights, pursuant to §§ 1291c and 1291d of this title.
The mortgage of the common elements of real estate built under a horizontal property regime can only be brought about by means of the unanimous agreement of all the owners.
History —June 25, 1958, No. 104, p. 243, § 9; June 4, 1976, No. 157, p. 461, § 1; Apr. 5, 2003, No. 103, § 4, eff. 90 days after Apr. 5, 2003.