Can a tenant be an Administrator of our community?
I would like to know if the way I manage my neighborhood community is legal.
The administrator is a former tenant who neither lives in the community, nor is he an administrator, nor does he have a declared office where you can go to consult him.
The only correspondence I receive are payments for the quarter or spills. No budgets, no accounts, no meetings are ever held. Besides, the repairs that are made are paid in B.
When I ask him for explanations for something, he always tells me that if I doubt that he will show me the accounting book without problems and that things are done that way because it is the agreement of the Community (most of them are retired).
Is there a way to make an anonymous report? How can I solve this situation?
Administrator: Juan López
- Good afternoon
- With the latest reform of the Professional Associations and the liberal professions, nothing prevents the position of administrative secretary from falling to a neighbor-owner, on the contrary, it is expressly included by the Law itself.
- “6. The positions of secretary and administrator may be accumulated in the same person or be appointed independently.
- The position of administrator and, where appropriate, that of secretary-administrator may be exercised by any owner, as well as by individuals with sufficient professional qualification and legally recognized to exercise said functions. It may also fall on corporations and other legal persons under the terms established in the legal system. “
- A different thing is that no meetings are held, or accounts and budgets are approved, which is mandatory, according to the law, at least once a year, or when the owners who make up 25% of the quotas and properties of the building so request.
- “one. The Board of owners will meet at least once a year to approve the budgets and accounts and on other occasions that the president deems it appropriate or requested by a quarter of the owners, or a number of them representing at least the 25% of the participation fees.
The meeting will be called by the president and, failing that, the promoters of the meeting, with an indication of the matters to be discussed, the place, day and time in which it is … ”
As we say, the position of administrative secretary must be carried out by an owner or by a natural person with sufficient professional qualifications, and the board must meet at least once a year to approve budgets and fees, and of course, spills.
We do not advise you to make any type of complaint, but to write a reliable letter to the person who acts as secretary-administrator and president, demanding the holding of the annual meeting, presentation of accounts and approval of the budget
I am president of the community. I have sold my apartment and presented my resignation from the position, warning the community that they should appoint a new one; but they are not responding.
What I can do?
J.de La Rosa
Administrador: Juan López
Good afternoon, first of all we hope that you are keeping well. The Article 13 Law of the Horizontal Property Law is very clear in this regard: the condition of president of the community is indissoluble from the fact of owning a property i that community.
If you have ceased to be an owner, as you indicate, you also cease to be president. And what you have to do is what you have already done, communicate it to the administrator. If there is a Vice President in the Community, he should assume his office until the next general meeting in which a new one is elected. If there is not, the administrator should convene an extraordinary general meeting as soon as possible to elect a new president.
It is evident that in the current situation with the Alarm State and its successive extensions, it is not possible to convene a general meeting at this time, since unfortunately legislative reforms have not yet been enabled to make them possible. Therefor, except to record in a reliable way, that is by burofax, or any other document that proves the reception by the administrator secretary, in which it shows that with that date you stopped owning the home, which is why you has ceased to hold any position in such community
We do not believe that you need to do any other paperwork, such as a notarial or judicial requirement, since the position is lost the moment you cease to be the owner. But we insist to avoid future inconveniences, that you better do it reliably.
Thank you very much and we hope the above is helpful.
What is the right way to go when owners are very late with payment of the fees.Some are more then 6 months late.One is more one year late.
How do we continue according to the law?
Administrator: Juan López
Thanks for contacting us. This is truely one of the biggest problems of the communities of owners. The only legal way to fight against these problems is the one established in the LPH article 21 Although before going to court you must make prior claims, via phone calls, mail, burofax, etc … The community may establish an interest to delay for late payment of the fee, which can never be a abusive interest There are other means for collection such as the prohibition of the use of non-essential common elements, such as a swimming pool or sports court, to debtor owners. But this must be included in the Statutes of the community Regards Section 21 1. The obligations paragraphs 9.e) and 9.f) refer to shall be fulfilled by the unit owner in the time and form determined by the general meeting.
Otherwise, the president or the administrator, if so agreed by the general meeting, may seek judicial redress through order-for payment proceedings.
- Recourse to order-for-payment proceedings shall require prior certification of the general meeting’s resolution to claim assessments due to the community of property owners, issued by its secretary and endorsed by the president, providing said resolution was notified to the unit owners concerned in the form provided for in section 9.
- Sums arising from expenses incurred in claiming payment prior to court action may be added to the sum claimed by virtue of the provisions of the preceding subsection, provided there is documentary evidence of the previous claim and that proper receipts for said expenses are attached to the application.
- Where the previous unit owner must answer jointly and severally for the outstanding debt, and notwithstanding the right to claim reimbursement from the current unit owner, action may initially be brought against the former. The action may also be brought against the titleholder appearing on the Register, who shall be entitled to the aforesaid right. In all these cases, the initial claim may be filed [severally] against any of the parties to the obligation or jointly against all of them.
- Where the debtor opposes the initial claim provided for in the order-for-payment proceedings, the plaintiff may request a general lien of attachment on such debtor’s assets as deemed sufficient to cover the amount claimed plus interest plus costs. The judge shall decree a general lien without asking the creditor to post bond or bail. The debtor may enervate the lien by providing a bank guarantee for the amount for which the general lien was decreed.