They ask readers: «I would like to know if in a board of directors, in which two of its members do not attend meetings, but always want to have the latest opinion, and if not they look for a thousand excuses not to approve something as simple as a change of administration que can be done to remove them or expose their behavior?”
(Also read: Increase in administration fees, parking lot owners and illegal construction)
Answer
The members of the Board of Directors are appointed by the owners’ assembly, for the period determined in the respective horizontal property regulations. Any serious problem or absences that may hinder or prevent the execution of the functions attributed to this body, which leads to bigger problems, can be reported to the assembly to withdraw its members if that is the case. This may be done by calling an extraordinary meeting, by the administrator, the council itself, the tax auditor or a plural number of owners of private assets that represent at least one fifth of the coefficients of co-ownership.
(You might be interested in: Board of directors, mandatory insurance and service charges)
Administrator as secretary of the ordinary or extraordinary assembly.
Functions of the administrator as secretary of the assembly
ask
«Please inform me if the administrator of a building can act as secretary of the ordinary or extraordinary assembly and what article allows it”
Answer
There is no prohibition or impediment for the administrator to be appointed as secretary of the meeting. It is convenient if we take into account that among its functions it is carrying out under its dependence and responsibility the minutes of the assembly and informing the owners and residents, as well as the board of directors.
(We recommend: Procedures and responsibilities of the Assembly of Owners)
Bill number 205/2022 chamber.
May 31, 2023 The bill number 205 of 202 was approved in the first debate by the First Committee of the House of Representatives.2, by which a new attempt is made to modify and add Law 675 of 2001, Horizontal Property Regime in Colombia.
It was expected, by the administrators and the majority of natural and legal persons related to the co-ownerships, that at least the work carried out prior to the filing of bill 511 of 2021 would be collected. However, errors and inconsistencies are repeated that have been clarified and corrected after the extension, participation of lawyers, builders, administrators, tax auditors, co-owners, and horizontal property unions, during the processing of the aforementioned project that was later archived.
With this, after a significant advance of the previous project, it starts again from scratch. Although the participation of the community was sought, it was not taken into account for the most part and the articles of the recently approved project suffer from many flaws. Profit, there are still three debates to go and it is possible that earlier and responsibly this project that corresponds to an accumulation with the bill 282/2022 will be filed.
The Association of Horizontal Property Administrators, through its President, Dr. German Molano Baquero, as well as other representatives of horizontal property unions, have expressed their concern about the quick and easy way in which the project was approved in First Debate, without further discussion, except for a few articles, and without collecting many recommendations from the community and from natural and legal persons familiar with the subject.
(Also: Contempt of Decisions and Joint Statutory Auditors)
I agree with your position and that of many other actors in horizontal property, regarding the setback made by bill 205/2022 on the subject of tourist housing, which for years has been highly debated, and despite the fact that it has been demonstrated the inconvenience of maintaining the current standards (which really correspond to another matter), the project stubbornly insists on the possibility that all properties subject to the Horizontal Property Regime accept this modality unless it is prohibited by assembly.
I believe that legislators should not ignore the review and adjustment work already carried out during the processing of bill 301/2020 Chamber, 511/2021 Senate, as well as the recommendations already raised, and dedicate themselves to regulating issues that are actually additions to the Horizontal Property Regime and there are no aspects that are better regulated in Law 675 of 2001 and others that can really be contemplated in the horizontal property regulations.
NORA PABON GOMEZ
Lawyer – External advisor
inquiries
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