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November 2017

rectificar errores en un acta

Ask the Administrator: what is the best way to rectify mistakes made in minutes?

Good afternoon. I am President of a community of owners and I’d like to know what is the best way to rectify mistakes made in minutes, sometimes mistakes are labeled and they are pointed out the caveats that are below, but I’m not sure that this is done Correct. Thank you.

Pancho M.

Administrator:  Juan López

To make corrections in the minutes, you need to follow the indications provided bellow:

  • the mistake that is corrected shall always be evidenced. You must not delete or delete with spell and write up, because it would be like to permit manipulation.
  •  The best way to make these corrections is including a stagecoach of rectification, that explains the error and the amendments, or indicated that on line… of the folio, where it says “…” should read “…”, signed by the Secretary with the one seen at the end of the same good President.
  • If the wrong minutes were sent to the owners, the community shall  make a correction of the minutes, in accordance with the provisions of article 19.3 LPH, for what it must be ratified at the beginning of the next Board of owners that correction, incorporating it as diligence of remedies in the book, at the end of the quiet minutes, and stating this ratification in the minutes of the subsequent Board.

Ask the Administrator: Can a person who is not the owner of the building but only the usufruct be appointed President?

Good morning. In the last Board of the community in which I live it was appointed as the new President to the husband of one owner who died recently and on which this man has the usufruct of the property.  But can a person who is not the owner of the building but only the usufruct be appointed President?

Mario J.

Administrator:  Juan López

Good morning. If this person has the usufruct of the property, it lacks the essential element for the appointment which is the position of owner as established in article 13.2 of the LPH. Therefore, that person could not be named as such, because the functions of the usufructuary  are not the same than owner´s rights.