In the context of property ownership prior to entering the management committee as a body resolving, the issue is useful to start with a clear understanding regarding the management of condominiums, as well, trade law, Title II, "the administration of the condominium" is about the governing bodies that are basically 3, 1.-The assembly of co-owners, ordinary and extraordinary 2 .- The management committee and 3 .- The administration. The co-owners
assembly is the supreme and fundamental community is formed by co-owners, is governed by the principle of democracy of majority, this body - and we agree with Don Juan Manuel Cartagena, consider it not for a legal person, love of the long and impractical doctrinal discussion on the subject, rather it seems to be understood as a collective, a group that respects the principle of self-government, based on the constitutional basis for the protection and subsidy of the middle of society, as well as the right of assembly, the same normative status (Section 1, Article 19 º N º 13, 23 Political Constitution of the Republic). -According
inc. 3 of Art.17 assemblies are classified into ordinary and extraordinary, the first held at least once a year the latter whenever required by the needs of the condominium, the matters discussed in each, and the quorum for specific agreements are discussed in detail in the article pointed out .-
Citation assemblies with anticipations should be minimal, and by registered letter or in person (Art. 18 L. Communities), it is of utmost importance, as it can get to be grounds for revocation of an assembly and its agreements if the summons and the call not been made according to law, this is complemented by the provisions of the Civil Code, "Art 1681. Is void any act or contract to lack any of the requirements prescribed by law for the value of the same act or contract ... "and therefore should bear this point and thus special care.
reported above, let us now review the provisions of the rule on the Management Committee, "this body of resolute character, correspond powers of representation of the assembly, except those treated at corresponding special meetings," you Among other functions, to impose fines (duly authorized and provided in the regulations), make rules good working, order and life within the condominium, as well as heavy loads to ensure compliance with the law in general and in particular regulation, regular performance management, develop an Emergency Plan for Accidents, generally serve as a bridge between the concerns and requirements of the joint owners, individually or in assembly, and administration.
In the previous regulatory framework (SD 695) was an "oversight board", replaced today by the management committee, naming current that maintains the characteristics of the previous undertaking.
"Article 21 (Law 19,537) .- The meeting of joint owners at its first session shall appoint a committee of directors constituting at least three persons, who will represent the assembly with all its powers, except those that must be the subject of special meeting. The Management Committee shall hold office for the period that set the assembly, which may not exceed three years, subject to be reelected indefinitely, and will be chaired by a member designated by the assembly, or subsidy, the actual Committee. Only be appointed as members of the Administration: a) natural persons who are owners in the condominium or their spouses, and b) representatives legal persons who are owners in the condominium. The Management Committee may also adopt rules that facilitate the good order and administration of the condominium, as well as impose fines is silent on the regulation of ownership, those who violate the obligations of this law and the rules of ownership. The Committee's rules and agreements remain in force until they are repealed or amended by the assembly of co-owners. For the validity of the meetings of the Management Committee, will require assistance from the majority of its members and agreements shall be adopted by more than half of the attendees. "
Let the light Article 21 of the Condominium Act, the organ in question;
For appointment: The law the delivery of the first session of the joint owners meeting to appoint a task, for the period before the conclusion of the first Assembly law is silent, so there is no restriction on the owner first seller, assume the composition of the body through their legal representatives, in which case should be of those representations that imported power management or general mandate of the tenor, and, at the first meeting, these representatives may continue in office if the assembly may determine or assign the charges to people natural. It is proper matter of regular meeting (1 st summons, 60% D th and 2 nd summons just the D º assistants).
is very important point noted above, it is very common that the owner first seller, usually an estate agent, make up the management committee until the conclusion of the first meeting, from among its representatives with administrative powers, so there is no more restriction than the number of members, at least three, and period features, which may not exceed three years, subject to a possible re-election for the same period. This usually present problems for the investors, as the organ called to mediate between the villagers and the administration turns out to be not a natural person, but a legal person who, having the obligation to ensure the whole community, naturally tends to protect their own interests, and even when they could no longer exists confused when her owner at the outset. In parallel we must consider that the owner first seller, in its discretion, in drafting the regulation of co-ownership must designate an administrator, which will remain in office until the conclusion of the first assembly of co-moment with resignation to give an account, and may be reappointed or replaced, remember now that the holding of assembly should take place once alienated (sold, not necessarily inhabited) 75% of Rights (calculated basing rights at the rate, not-necessarily-equal to the number of units in relation to the total) or with the intervals, which may determine the rules, the law requires a summons to meeting at least once a year (March) documented accountability of government, if the percentage is not attained, the mind surrender to the management committee "interim" representing the majority interest owner of the first seller who approve or reject the account rendered.
is important to stop a time at this point, because in practice we have seen is where many of the problems generated from real estate co-owners in this phenomenon, problems usually occur in the first months of life of a building or construction, for example, problems endings, irregular payment of common expense or irregular fluctuabilidad the amounts charged to the investors, mainly due to maintenance or repairs (remember that we are facing new homes, there are periods guarantees and exclusive responsibility of the owner first seller) on the one hand there co-owners' concerns, on the other the obligation to answer the owner first seller (a concept dealt by the law of construction quality and grade 19,472 20,016), the body charged with mediating between the owners and management is the committee, if any, would be formed by the same owner first seller, the representative body for extra-judicial and judicially the community is the administration, appointed by the owner first seller, it often happens that the administration does not give answers to the villagers and is also the interim committee who acts on behalf of the victim. However, the law makes no distinction between temporary management committee or permanent, so that the obligations of the rules and laws apply to the committee, whatever its name temporary, so it is possible to use the local police court should not perform its functions or fails to respond to the concerns of the investors. Given this, the estate usually try to get out of the sphere of knowledge of these courts, the claims of the co-owners by instituting procedural exceptions (Art. 464 Code of Civil Procedure), noting that the law of joint ownership in Section 33 says. º "... shall be the competence of the relevant local police courts and subject to the procedure established by Law No. 18,287, to promote strife between owners or between them and the trustee, relating to the administration the respective condominium ... ", there is a legal aphorism that says," when the legislature makes no distinction, no distinction is lawful to interpret, so the management committee, however temporary it must fulfill its obligations as a body, and much as may be made by owner first seller, it also has the quality of tenant, the law does not refer only to conflicts between owners and management but also to disputes between joint owners, precisely the case, natural owner versus owner entity legally represented.
extensively treat the subject in the future to talk about police procedure regarding the local real estate ownership.
For a proper decision-making, Article 24 of the Regulations of the law (Decree 46 of 1998), authorizes the regulation of ownership providing a higher number of members or the appointment of substitutes in the event of absence or incapacity of holders, if the committee they consist of three members is recommended to integrate the body with one number above the minimum, always at odd with the topic of the votes, the practice has shown that a total of five members is desirable since the law also stipulates that its decisions shall be by half plus one of its members, which is facilitated by the composition exceeds legal minimum, alternate members may also exist in case of any omission of the owners.
The rule states that remain in office for a maximum of three years, subject to term limits for members or full, depending on the maintenance of confidence of the assembly and performance. Since this is an unpaid position and instead full of ingratitude, as the management committee is usually the body that is in conflict with management or co-owners disrespectful of the law or regulation, is not much demand among commoners, but there are experiences in which the office has agreed to compensate, (Which, at not being prohibited by law shall be submitted to the will of the assembly) obtained with this significant advantages in performance and level of commitment.
About the appointment of its members, the law and regulations (Art. 21 Condominium Act, Article 24 of the regulation of ownership, DL 46) suggest that may fix it: 1.-The natural persons who are owners in the condominium or your spouse, regardless of the marital property regime that had been agreed in the contract of marriage (marital, total or partial separation of assets, the earnings-sharing), 2.-The representatives of legal persons that are owners in the condominium, ( they have been granted Prior to his appointment with a general mandate of Directors) 3 .- The lessee or occupant of property may not hold positions or representations of long-term or duration, as is the position of member of the committee, the law is clear in pointing out the restriction of access to the office, in its article 20 º "... just" not mention those who hold this title, so may only attend meetings on behalf of the owner and in cases prescribed by law.
The law also states that one can access to public office those business owners will be those who prove to be a day in their common expenses by certificate issued purpose by the administration. In this regard, it seems prudent to refer to those cases where joint owners have made known to the competent local police court matters relating to common expenses (unpaid even found a pending court ruling), as happened in the species in a recent case in the district of Recoleta, where an owner consider excessive fines imposed, (which are charged as expenses common to all intents and purposes) as well as illegal, so he turned, pursuant to Section 33 of the Act, the court competent to start this infraction proceedings, during which he cited a meeting of co-owners for the election of committee Administration, denied this commoner the opportunity to access the administrative body did not hold the ground that the quality of business, an issue that was present at court, eventually failing the complaint was declared illegal acts of the committee authorizing fines , the agreements were canceled so he had to repeat the assembly. Following this, we recommend that in similar situations, after the conclusion of the meeting and proceedings pending in local police, formally requested that the Judge hearing the case to be allowed to appear at the meeting as "business owner" addressed the special circumstances This will depend on the subject matter of the offense and the criterion (such disparate unfortunately) of the court.
So far we have:
1 .- The Committee is appointed by the first assembly or made by owner first seller, until the first meeting to ratify or select a new body. 2 .- Forming
at least three members-natural owners (or their spouses) or legal, legally represented (with general office administration). 3 .- Quality
business.
4 .- Agreements by the majority plus one of its members. 5 .-
represent the assembly (except that which must be treated in special meeting) with all his faculties.
6 .- guidelines are empowered to create order, harmony and internal administration of the condominium.
For president, the law states that is assessed by the Assembly or the committee itself (Art. 21 Law communities), some of its own obligations are: Representation of the co-owners meeting in celebration of acts and contracts relating to sale, lease or encumbrance of assets of the common domain, in accordance with Article 14, paragraph 4 of the law of ownership, is required to sign the queries to be made in writing to the villagers, the manager and the management committee must sign public deeds to the agreements have been reduced, as indicated final paragraph of Article 17 of the law of ownership, the management committee through its chairman, shall call a meeting of all owners or agents, 5 days advance minimum and a maximum not exceeding 15 days, the president of the management committee chaired by the regular and special meetings are held in the case of the first meeting will be chaired by the administrator-if any-or by the owner to designate the assembly wizard by lot, in accordance with Article 26 of the law of ownership, the committee chairman administration, the agreement adopted at regular or special meeting, you can empower you to sign the agreements you remember the administration of two or more condominiums, can the administration committee chairman will exercise the administration of the condominium in the absence of appointment of administrator, as Article 22 provided for the law, in connection with article 25 paragraph 2 of its rules.
In order to remove the committee as a whole or any of its members, the law provides that correspond to a special meeting of its decision, (1 st summons with at least 80% of the D º condominium in 2 nd summons, a minimum 60% rights in the condominium) and the agreement for removal, shall be taken by a vote of 75% of the D º attendees. Let us now
to review the functions, duties and powers as, the management committee, which originate in: 1.-law. (Mandatory), 2.-Arrangement of co-ownership rules (explicit or implicit), 3 .- Delegation of powers of the assembly. From this we can break down those powers excluded from the knowledge of the body, because they belong, by law, a special meeting of the joint owners ("... except those that must be the subject of special meeting ..."), the These are: Changing the rules of ownership, change of destination of the condominium units, Constitution of rights to use and enjoy exclusive domain of real common for one or more co-owners or other forms of exploitation of goods common domain, sale or lease of goods common domain or encumber them, reconstruction, demolition, rehabilitation or expansion in the condominium buildings in the commons, alterations and changes of destination of such goods, including those assigned to use and enjoy exclusive, partial or total removal of the members of the Administration, extraordinary expenses and investments exceeding, over a period of 12 months, equivalent to six ordinary shares of common expenses of the condominium, joint administration of two or more condominiums, and establish sub-administrators in the same condominium, Determination of the percentage fee of the common expenses in order to educate and increase the reserve pool, maintenance, modification or replacement of the first rules of ownership, approval of emergency plans for accidents, determining the fate of the condominium when the Municipality decreed its demolition, in accordance with current legislation , Modification of the presumption in Article 49 paragraph 2 of the property ownership law regarding ownership regulations formulated prior to its entry into force, application of fines. Now as can the body: The management committee may make rules concerning the provision of good order and administration of the condominium, which remain in force until they are revoked or amended by the assembly of co-owners, in accordance with the precepts Article 21 of the law of ownership, the management committee may authorize the trustee the power outage, or that it requires the suspension of the service, for those units whose owners are delinquent in paying three or more installments, continuous or not (the practice shows the conflict between norms regarding the common presentation of resources to protect against this power, finally ending in favor of constitutional rule and the rule of Statutory the law of ownership) Approval of budget estimates of common costs, deposit reserve funds (Article 7 paragraph 2 of the law of ownership), the management committee, like the assembly, may agree that the sessions held in other places other than the condominium units (Art. 18 paragraph 2 of the Act), the management committee has the power to execute the resolutions adopted meetings, notwithstanding that the same assembly who designate other co-owners for this purpose (Art. 20 para 4 º), sign the minutes of the resolutions of the assembly, has the ability to act in the checking or savings account to keep community (Art. 23 para 3 º), the management committee or the administrator may require the respective entities opening a checking or savings account on behalf of the respective condominium, the name of the person or persons entitled (Art. 23 paragraph 3 of the law of ownership), the management committee may ask the administrator documented accountability of the administration (Art. 23 para 4 º). The copy of the minutes of the meeting remember that common costs must be enforceable (Art. 27 and 16 law communities), The management committee is required, although there are those who argue that corresponds to a power (rather discussion of criminal courts, delayed extensively for another article), within 3 months of the occurrence of events that have characters of infringement, to report violations to the competent local police court (Art. 32), the management committee has the obligation to draw up a plan emergency response to disasters (PES, Art 36), which requires approval of special meeting, within the first three months after his appointment, The management committee has the power to fix a time reluctant owner to make repairs of damage to the interior of your unit, which may cause damage to other units or common property, is an obligation of the management committee and manager of condominium keep in perfect condition ducts an exhaust collective product of combustion and gas facilities common property of buildings, all in accordance to rules issued by the Superintendency of Electricity and Fuels (last modification aa law of joint ownership). Remember
law also provides that ownership in a condominium must be a co-ownership regulations, which among other purposes must establish the powers and duties of management committee and the administrator.
Finally, we know that any member of the management committee may, reduce public deed of appointment of administrator, act in checking account or savings account to keep the community, forcibly Enter a unit if it would jeopardize the security of the condominium, whether on common property or units.
Are these then the materials must meet for the operation of the management committee as a body, we see how important this entity within the institution of joint ownership property. An organized community with a committee established and functioning in the interests of the community can make the difference between a good neighbor and a headache.
* Op Cit.
