- Oct 22, 2020
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