ASSEMBLIES DECIDE ON CHARGES AND PENALTIES

ASSEMBLIES DECIDE ON CHARGES AND PENALTIES

Assemblies decide on charges and penalties

A group of owners asks: “In a group by stages, in which the first assembly has not been held, who signs the surveillance and cleaning contracts? Can common expenses be charged, even though this has not been meeting to approve the budget? Is it possible to collect the administration fees, even judicially? ”

Answer. The legal person of the horizontal property is born from the moment in which the deed of incorporation of the set is registered in this regime. Consequently, you have the right to be legally represented, otherwise, you could not operate.

Therefore, it is worth mentioning that before the first meeting is held, this function corresponds to the provisional administrator appointed by the initial owner. This means that you can sign the contracts that are needed for the operation of the set.

It even has the power to collect the fees directly, or through a judicial process, in accordance with the provisional budget prepared by the initial owner and according to the provisions of the regulations.

After meeting the first meeting, the administrator designated by this or also by the council, as the case may be, will exercise the legal representation of the legal entity.

Lack of quorum

A member of a board of directors comments that where he lives the meeting began, it was suspended due to lack of a quorum. Question: “Can the fine of 50 percent of the value of the fee be charged for not attending or for not sending the power of attorney? What happens if the person who went to the first meeting does not go to the next one? Is the fine charged? ”. The reader clarifies that he attended the first one.

And in the opposite case: “What about the person who goes to the second, but was not in the first?”

Answer. Although it is necessary to review the background of the situation, I consider that since there is no quorum in the first meeting, the next one is a second meeting, with the scope and conditions established by law.

This means that each meeting is different from the first and, therefore, my appreciation is that the owners should attend both.

Under those conditions, the fine can be imposed separately for the absence on either date.

On the other hand, it is pertinent to remember that the offence and the sanction must be provided for in the respective regulations; In addition, to impose it, due process must be taken into account, as well as the other conditions required by Law 675 of 2001 or horizontal property.