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Professional Advice

mileniun levante

Ask the Administrator: Internal Rules

Good morning. I wonder how rules of internal regulations, could establish in my community as not is if it is an authority that rests on the President or the owners. Thank you.

Catalina G.

Administrator:  Juan López 

You should know that these rules not are established by the President of the community at his discretion, it is necessary to follow an established procedure.

To do so, it will be necessary first the proper call for a general meeting, stating in the announcement that within the agenda is the adoption of these standards.

Once on board these rules shall be adopted by the favourable vote of the majority of owners who in turn represent the majority of the participation fees in the building at first call. In second call, it is sufficient the agreement of the majority of the attendees, linking once to all owners approval.

administrador de comunidades

Ask the Administrator: To pass the presidency to another neighbour

Good afternoon. My parents received a call for one Board of owners of the community in which they reside, and where, among other issues, it will be discussed the change, and election of a new President. The fact that this mandate their turn to hold the post, but as I said, they are older and it is impossible to undertake the tasks it entails for them. I do not live there but I’ll be your representative at the meeting and I would like to know if I pass the Presidency to another neighbour that has already informed me that he would be willing to assume the position.

 

Carlos H.

Administrator:  Juan López

 

Good morning. According to what it says, if there is a neighbour who is willing to bear the charge, there would be no problem since the LPH, in its article 13.2 provides that “2. “The President will be appointed, among the owners, through choice or, subsidiarily, by rotating or draw”. I.e. that you can choose the President, if someone presents is voluntary. Turn or sweepstakes are for when nobody wants to present themselves voluntarily to the charge.

 

If there is a neighbour that is filed as a volunteer, parents may also request the relief at the expense of what decide a judge, since that article provides for such a possibility. So, sets that “appointment shall be compulsory, designated owner may ask their relief the judge within one month after your access to the fee, invoking the reasons that assist you to do this. The judge, through the procedure laid down in article 17.7. ª, will solve plane coming, designating the resolution to the owner who had to be replaced, where appropriate, the President in office until it is appropriate to new designation at the time that It is determined in the judgment”. However, as a legal matter, we understand that this should be the last option, given the offer made by a neighbour in their community.

mileniun levante

Ask the Administrator: Tense and violent meeting

Good morning. I am writing because I have a question after the last community meeting which I attended.  The Board was very tense and violent to those who went there, since one of the neighbours did not respect the shifts of words and employed very bad ways when it comes to exposing their arguments for what another neighbour is faced with and maintained a very high discussion of to No, even to utter insulting one another.  Since I hold the position of President, I’d like to know if there is any action that can be taken to expel them from the meeting and continue the same in rational terms.

Eli B.

Administrator:  Juan López

Good morning. Currently, the President cannot force anyone to abandon the meeting, but yes can suspend the Board and try it another day with more calm tempers.  The ideal would be to have a legal text that would allow the President to take disciplinary measures in situations such as that they described, but today the situation is not contemplated.

 

Therefore, as I say, my advice is that if you see that the tension will not be lowered, explain that if you can not develop normally, suspended the Board and would be convened another day to avoid greater evils.

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