GUIDE TO ORGANIZE THE ASSEMBLY OF CO-OWNERS IN BUILDINGS
To begin with, it is important to know that seven out of ten residential projects in Bogotá are in the horizontal property.
The data, revealed by the Special Administrative Unit of the District Cadaster, not only allows us to measure the construction dynamics, but also to be more aware of the responsibility of the administrators in charge of guiding the day to day in the buildings and complexes subject to this regime.
In line with the subject, regarding the co-owner assemblies that take place between February and March of each year in this type of property, the lawyer Nora Paton Gómez highlighted some basic aspects of these meetings.
Why are co-owner assemblies held?
The importance of the asamableas lies in the fact that the aspects that will guide the proper functioning of the joint ownership are defined there. And, specifically, for residential use – as Catastrophe warns – the demands are increasing hand in hand with the horizontal property regime.
Regarding the assemblies, the first thing to answer is: what is the objective of the ordinary meeting?
According to Paton, the general situation and the economic and financial aspects of the horizontal property are examined there. In addition, the accounts and balances of the last budget period and the reports of the administrator and the fiscal auditor are approved or not. A relevant issue is the definition of the income, expenses and investment budget for the respective validity and, in general, the measures to guarantee compliance with the rules and regulations.
Other formal aspects before the assembly have to do with apparently simple issues, but which are not always fulfilled. For example, the administrator should encourage and remind the owners of the date and time of the appointment. In addition, although the law does not establish it, it is recommended to post the call on billboards in places with a wide circulation of the group.
A second meeting, the extraordinary assembly
If all the items on the agenda are not dealt with at the first meeting, the assembly will be called again to decide the rest. In this, the quorum to deliberate will be as in the first case: a plural number of owners representing more than half of the coefficients of co-ownership; to decide, the favourable vote of half plus one is key. If the quorum to deliberate is not achieved, the second meeting will have the character of a second call. It will session with a plural number of owners, whatever the percentage of coefficients.
Requirements for the call
The administrator must summon no less than fifteen calendar days in advance, as established by the regulations and in writing.
The summons must be sent to the owners at the last registered address. Therefore, it is essential to have the owner’s book with details about whether they live in them or have them leased, among others.
The summons must indicate the date, time, place of the meeting and the agenda. It is important to attach the form of the power of attorney so that those who cannot attend, grant a mandate to another person.
Better to accompany it with the list of quota debtors. In addition, the financial statements and the budget must be attached. The owners must be informed that the books are at their disposal.