(Title II, Art 17 º and later Law 19 537)
is undoubtedly the most important organ, as in lies the supreme authority, the heart and foundation of the ownership and structure, as can be seen from same Article 17 of the Law of Joint Ownership, "... Everything about the operation of the condominium shall be resolved by the joint owners in an assembly ..." if we think about the structure of a government that body is an analogy to the constituent, hence this institution is the power to matters as important as the change of use of areas or common property, disposition of them, including other materials, counting of course, with the quorum established by law for each of the agreements. You can also limit or expand the powers of the committee or the administration, then see their nature, formalities, subjects and faculties.
It is made by the owners and is governed by the principle of majority, on whether or duly represented, often used a simple delegation format, even when it is appropriate when it comes to subjects or sessions that address complex or controversial votes, perform delegation by a licensed private document notarized.
Some authors note that their legal status is that of one subject with restricted capacity en relación a otros sujetos de Derecho en el mundo jurídico, otros autores sostienen que se trata de un ente colectivo y no una persona jurídica al no tener reconocimiento por el estado, cuestión que a nuestro juicio no es correcta, pues, la constitución política de la república reconoce y ampara a los grupos intermedios de la sociedad, precisamente el caso de este fenómeno. Señalan además que es la voluntad colectiva, válidamente manifestada (al hablar de válidamente, se hace referencia a las formalidades previas de citación, de ejercicio y posteriores, esta ultimas eventuales) con fuerza obligatoria que permite vincular a los copropietarios e incluso a personas ajenas al condominio, representado este by the administrator, we believe that this latter actually corresponds to the principle of autonomy, the strength of private autonomy which allows people who can act and create events have compulsory and binding, if not expressly prohibited or is contrary to morals and good custom, that clear with the exception that is binding with people outside the community, which really is not as accurate as these are bound to be in space or to bond with the community , ie, entering the sphere of protection of the community. Generically
assembly is defined as a political body in an organization that takes decisions. Sometimes assumes all or part of the legislature and, sometimes, all possible powers. An assembly is formed by many people who belong to the organization are related or have the explicit permission of the same to participate. Many organizations have an assembly and democratic organ of decision, such as social organizations, trade unions, professional and above all, states. In anarchist theory assemblies are called to meetings where everyone affected by an issue or members of the same organization can give its opinion or decision on an issue directly and representatives (direct democracy). In such assemblies generally preferred the decision by consensus to reach basic agreements acceptable to all parties and voting reserved for cases where no agreement is possible. The assembly is to enact the legislation. * Wikipedia.
In our area of \u200b\u200binterest and the same law in the industry, the assemblies can be classified as ordinary or extraordinary, let us briefly the classification of each:
ordinary Assemblies.
Regular meetings are those held at the times and intervals to be determined by the regulations or the assembly, without anything being said, the law requires to be done at least once a year in March (Art 20 º Regulation Act) where in addition the administration must submit a documented account of their stewardship of the last twelve months for which there is no obstacle to making the community to determine how many.
The regular meeting will then have the schedule set by the internal rules of ownership, the law only sets a floor, set this to the accountability of management can be established so many community meetings convened whenever required by matters of ordinary occurrence, the materials are general in nature, everything that relates to the interests of the investors, agreeing that the relevant voting permit, except those matters of exclusive knowledge the special meeting as provided in Article 17 of the Act in the industry, related this to 20 of the same legal rules. The citation may indicate
topics, which in any case does not limit the discussion and eventual agreement on matters of general interest.
Extraordinary Assemblies.
is precisely established to address issues of extraordinary occurrence or those of their unique knowledge as the law itself.
may convene the committee of administration (see article on this body), may also require the co-owners, provided they represent at least 15% of the Rights of the condominium (do not confuse the percentage rights of condo-tax rate, according to the tax valuation of the unit, with the percentage of total units in the community), the summons such assemblies must identify the matters to be discussed, including limiting the discussion and agreements or voting.
If the rules established schedule for regular meetings, there is no reason in the law that prevents jointly convene a special meeting or after the first.
law and regulation provide for matters of exclusive knowledge of special meetings, Article 20 of the Regulations of the Condominium Act, "The following matters may only be processed in special session:
1 .- Change the rules of ownership. 2 .-
Reassignment of condominium units. The new use must be permitted by the instrument of territorial planning and the owner must obtain agreement after the meeting, the permission of the Director of Municipal Works. 3 .- Constitution
rights to use and enjoy exclusive property of the common domain for one or more co-owners or other forms of exploitation of goods common domain, if you are pointing to free or not.
4 .- Disposal or lease of real common domain or encumber them.
5 .- Reconstruction demolition, rehabilitation or expansion of the condominium.
6 .- Petition to the Municipal Works Department in order to rescind or modify the statement that welcomed the co-ownership condominium property.
7 .- Building on the common property, alterations and changes of destination of such goods, including those assigned exclusive use and enjoyment. 8 .-
partial or total removal of the members of the Management Committee. 9 .-
extraordinary expenses or investments, over a period of twelve months, equivalent to six ordinary shares of common expenses of the condominium.
10 .- administration with one or more other condominiums and establishment of sub-administrations in the same condominium.
may also be consulted in writing to the investors, signed by the president of the Administration and the administrator of the condominium, if any, the materials according to the preceding paragraph should be dealt with in special session, with the exception of listed at number 1 when alter the rights in the condominium, and the numbers 2, 3, 4, 5 and 6. The consultation will be notified in writing each of the co-owners in the same manner as provided for in Article 21 of this regulation for the summons to assembly and must be accompanied by the background to facilitate understanding, together with the corresponding draft agreement for acceptance or rejection by the investors. The consultation shall be considered approved when you get admission in writing and signed by the co-owners representing at least 75% of rights in the condominium. The relevant agreement must be reduced to a deed signed by the president of the Administration and the administrator of the condominium, if any, should standardize the background to support the deal, leaving a record of such protocols in the respective deed. In case of rejection of the consultation it can be renewed within six months "In the article cited
find a subject of great interest, namely, the possibility of referring matters exclusive knowledge of special meetings to written consultation, this presents a great innovation and compromise with the type of modern life, the major housing growth, particularly in height is to meet a need social constitution of a new family, which is the nuclear family, mostly young couples or young professionals who require an accommodation space to address labor and social commitments in the current rapid pace, the complex mechanism of co-ownership share assemblies in the system, often characterized by their low level of participation tends to invade personal space significant time, often preferred for rest or social interaction, this system provides the opportunity to participate in making decisions of condominium, without the need to participate in person in them, saying the law the opportunity to consult in writing believe that by applying general principles of interpretation can analogize this system to a virtual one where the investors can participate in these consultations via email or video conference, we know innovative in this respect in some very successful capital city condominiums, thus reducing the percentage lack of interest and encouraging participation in the organization of joint ownership. Common rules
citation, venue development and assembly.
The law is very clear on this point, no distinction between one type of assembly or other, therefore we understand common standards of rigorous enforcement.
Art. 18 º of the law provides for citation, which must be made personally or by registered letter.
These quotations should indicate the date and time for first and second summons, the place where the meeting will be held in the condominium or other diverse place that may be determined by the directors or the committee, provided within the community and must be done within 5 days in advance and not exceeding 15.
Citation can be made by the management committee through its chairman, the administrator if the committee fails to do so, the citation should be addressed to the owner or agent who sete may have been appointed, the registered office in the administration office, remember that it is one of the duties of manager to maintain a current payroll of the joint owners of the condominium, and if there is no joint owner or his agent or representative designated a different address is understood to be such that it belongs.
In the case of special meetings, the assembly may also include a percentage of 15% of the Rights of the condominium.
is possible that, as inc. End of Art 19 of the Law of ownership, "if there are fulfilled the quorum required for meetings or to adopt agreements, the manager or owner may place the judge under the provisions of Article 33" is to go before the Magistrates Court respective local, according to the procedure to rule the proceedings before the local police courts of law contained in 18,287.
In this case the local police court may cite to the investors at a meeting, when not done the manager or president of the Administration, at the request of any tenant, this notice must attend a notary, at the expense of and resolve community assistance also problems with the referral of the law in Article 654 of the Code of Civil Procedure, which states, in relation to social citations, the ability to approve agreements with the majority present, except that the quorum established in the law, recurring issue when attempting by extrajudicial means. For this citation, the Administrator shall, as requested by the court, make available the list of co-owners of condominium within 5 from that has been requested, in case of refusal of the administrator to do so, is exposed to a fine of one to three monthly tax units, which is the general penalty for violation of this law.
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