ON THE MANAGER.
One of the bodies of internal administration of the jointly owned property, sometimes controversial, this, together with the committee and the assembly forms the executive authorities, decisional representative of this institution of ownership.
There have been many definitions of doctrine, we think is a sound proposal by Attorney J. Miguel Figueroa, who in his text of the Condominium Property marks it as "those natural or legal person, interested or foreign, designated by the assembly of co-owners, which will under the care of the common domain property and execution of acts of directors and conservation of such property in accordance with the laws, regulation of co-ownership agreements, the assembly of owners and management committee. "
this agency, whether as a company or natural person, it is for the administration of the community with the powers contained in the regulation and granted by the assembly, has powers of representation, both in the judiciary as in the court, in that under the powers granted him by the Civil Procedure Code in its article 7, paragraph one or powers simple, this is nothing more than to be authorized to represent the community in all types of institutions and in the judiciary the sole display assembly act establishing his appointment is sufficient authority to appear before a court of any kind, including in the taxable counterpart, ie, as a defendant in an action against a condominium must give notice to the administrator.
The law of ownership, this matter is addressed in Title II of the administration of the condominium, in Articles 22 to 24 and Article 25 to 29 of its rules dealing with its obligations and duties, in addition to the requirements for election as such and its limitations, consider some of the provisions therein:
For your requirements, the law not set, so, saying only that the condo is run by "... the natural or legal person ...", we must understand that refers to general rules as to capacity, must be a person that is not private property management and if a legal person must be the person exercising the administration authorized by the bylaws in order to link the possible liability of a company with the condominium.
To whom is your appointment to the assembly of co-owners in regular meeting, therefore, we must understand that the committee can do it, since this last entity under him the powers of the assembly, except those that should be dealt in special meeting, notwithstanding that his appointment will follow a meeting for ratification, if it lays committee (Art. 21 of the Act). In the assembly should appoint him to conclude that a quorum of most participants on this back in a special article of the assemblies of co-owners.
Faced with a new building, the owner first seller is obliged to draw up rules, "this as noted in a previous article for joining the co-ownership, and must be duly registered as a ban on the respective conservative. In this situation, we face the first administrator of the condominium, which as such is essentially provisional, subject to ratification or removed, either by the owner or the first seller who had already acquired the remaining 75% of the Rights condominium, which do not correspond to the total percentage (necessarily) but per sample unit, which is precisely the quorum for first assembly, even when, as we mentioned about the subpoenas, could force before that.
If vacancy in office of administrator, the chairman of the committee should assume that capacity until a new appointment. You can also take over the management, if no committee nor any owner, who may perform alone acts emergency management and conservation of common property in the condominium, in this respect general rules governing the community for any repeats against the other parties whether it should support lost in the extraordinary exercise of the function of course does not belong (repeated in legal parlance basically means return or restitution).
The administrator will remain in the exercise of their functions while having the confidence of the assembly, as set out in the final paragraph of Article 22 of the Act, requiring an absolute majority of its attendees. Once operational
A administration, become enforceable obligations and duties, which is not excluded the first administrator, normally designated by the owner first seller is confused at times his position as one of mere residence, when in fact law does not distinguish the concerned administration but sets their duties, rights and obligations for the very existence of the office.
The powers, rights and obligations emanating from the administrator of law and regulations, internal rules of ownership, assembly of the joint owners and the management committee. The law states in its "Art 23 The duties of the manager as stated in the regulation of ownership and specifically granted the assembly of co-owners, such as: care for the property common domain, perform the steps necessary for certification of gas installations, execute (LAW 19838Art. only, No. 2 a) OJ 11/22/2002) acts of management and maintenance and urgent ... "" ... collect and collect common expenses, ensure compliance with laws and regulations on ownership property and regulation of ownership, represented at trial actively and passively, to the investors ... "" ... to quote assembly meeting, request the competent court to apply the necessary sanctions constraints or the owner or occupier who contravenes the limitations or restrictions on the use of imposed unity this law, rules and regulations of ownership ... "
" The administrator or the person acting is (LAW 19838) entitled to require the Superintendency of Electricity and Fuels in order that the body may audit the compliance with current regulations gas field ... "" ... In the absence of provisions on the subject in the regulation of ownership and in the silence of the assembly, will the Administrator functions specified in this law and its regulations ..."," ... The manager will be required to file a documented account of his administration in times which have been fixed and also whenever required by the assembly owners or the Management Committee, where appropriate, and at the end of his administration ...", this is without doubt one of the obligations which produces more friction inside the condo, it happens that there is no transparency in the management of community funds, expenses, and other relevant materials, an absentee manager who can not request information, remember that before this possibility, either by negligence of manager or committee, any tenant, pursuant to Section 33 of the Act, may apply to the local police magistrate for the purpose of summoning a meeting of joint owners for this or other purposes which may be held with the audience, an audience Notary and agree the matters referred to the summons has been taking the decisions by most attendees, because the law refers to Article 654 of the Code of Civil Procedure, which permits taking into agreements with most attendees, as it does on citations to meetings of partners in firms, the rule states that may be used to this environment if there were no citation within the time limits in the regulations or if any otherwise be impossible to meet the quorum prescribed by law or regulation. As we understand that if there were sold (which means selling and not necessarily inhabited) from any cause 75% of the rights of the condominium and the urgency of meeting agreements or relevant to do so.
"... To this end, the investors have access to the documentation. ...." It is also often a reluctance for administrators to display the documentation, it can be ordered as a court ruling or a presentation ADDENDUM summons calling the respective meeting. "... It also reflects the hiring of fire insurance ..." (Article 36 item 1), that is, if the owner fails to do so, in which case the administrator shall give the contract on account of this, by asking the payment of the premium on the payroll of common costs, indicating the amount appropriate.
In the event that jeopardizes the safety or preservation of a condominium, to their common property or its units, the administrator can enter the respective unit in case of emergency, unless accompanied by a management committee, due in ensure overall safety of access roads to the condominium, in this sense can take or propose measures to ensure the security of the condominium, ensure lighting of the condominium.
must inform the management committee unlawful acts or acts that affect or damage the common property of the condominium.
In case of overdue payment in common expenses of any owner within three months, consecutive or not, may order the power outage.
must acknowledge co-owners meeting, personally or by registered mail to the address has been registered joint owners otherwise be presumed to have registered in the respective unit.
As is the representation of condominium, so does the celebration of certain acts and contracts, whether the sale, lease or encumbrance of common domain property.
Under Article 17 of the Act, may proceed with the written consultation, the matters expressly permitted by this route agree, as we have seen on many occasions that the "round" of the administration become common to see by the use of heating or not, an issue which we believe corresponds to an extraordinary meeting, it affects the property right that attends to the investors, managers often lax set of survey order and limit the use of heating or other commons, resulting in the subsequent judicial remedies, and local police in contravention of regulation and resource protection for violating the right of ownership, a good manager is clear about the matters that this pathway can regulate and what not. The celebrations
assembly to be reduced to writing publishes its decisions, is the administrator who is responsible, unless the meeting to another person expressly empower you to do so.
The manager chairing the first meeting of joint owners, unless the meeting will give this power to a different person.
There are also calls for administrative duties strictly, from this we find to keep a record of co-owners, with an updated list of the co-owners with their registered addresses, citations to the investors at the meetings, issuing certificates of business owner, that is, being current on their common charges, which is important for participation in assemblies and eventually choose elective office in the condominium. You should also update the file condominium documents and available to the investors, maintain an updated list of addresses and telephone numbers of emergency services, hospitals, clinics and doctors in cases of accident or emergency.
should also monitor the observance of the hours of sleep, an issue to which we referred in an earlier article.
In the management function condominium finances, it must make budget estimates, as set by regulations or permits, this refers to a price estimate of common expenses for a period anticipated to facilitate their collection, with a corresponding adjustment at the end of time about actually incurred.
should proceed to open a checking account or savings account on behalf of the condominium, is still due the recovery of common costs.
This forced a documented account of its management, under the terms and forms that you have set the rules or the Management Committee in the respective contract between a condominium management services or the minutes of the assembly appointed him. There is also an extraordinary rendition, whenever requested by the Assembly or Committee of Directors, is also forced to end its management.
Local Police Judge may require the administrator to submit to the approval of the annual accountability, fixing a deadline for doing so and in case of violation, proceeding to the implementation of respective fines.
Now, as to the limitations of the manager, say they can not represent to any owner at meetings nor serve on the committee of management, even when he is an owner manager.
regard to situations that could result of mismanagement come back the next week analyzing any action against an outgoing administration, from the standpoint of civil and criminal trial of accounts, misappropriation or embezzlement.
you soon.
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