MANY ASSEMBLIES WERE NOT CONVENED ON TIME
Several concerns related to the organization of the co-owners assemblies came to the writing of EL TIEMPO, among them, a recurrent one about the inconveniences for not making the call to this ordinary meeting in the time stipulated by the current regulations.
To begin, it is worth remembering that it must be done within the first three months following the expiration of each budget year.
In this regard, some readers agreed on the following question: “Would the decisions adopted at the meeting held outside of that term be flawed?”
According to the expert lawyer in joint ownership, Nora Paton Gómez, Law 675 of 2001 establishes that the assembly must ordinarily meet at least once a year, on the date indicated in the horizontal property regulations.
It is important to reiterate that “in the silence of this, you must do so within the period described at the beginning (three months after the expiration of each budget period).”
However, as has been stated on other occasions, when it is not convened for this period, “the assembly must meet in its own right.”
The lawyer reminds that the administrator has the duty to make the call in the indicated period. This, without prejudice to the responsibility that this representative of the buildings and complexes must assume when, with its omission, it harms the owners, the legal person or third parties.
Paton also points out that “once the assembly is approved and each of the items on the agenda is resolved, its decisions will be binding and valid as long as a judge of the Republic does not determine otherwise.”
Precisely, among the decisions that are made during the most important meeting for the joint properties is the election of the administrator, who is responsible for part of the proper functioning of the legal entity?
In this regard, several consultants also asked: “What requirements or qualities must a person have to aspire to that position? Does he have to certify any specific profession?”
Regarding this, Law 675 of 2001 does not contemplate any provision.
According to Paton, this is limited to indicating that he must prove that he is suitable for the position.
For this reason, “in the absence of a regulation in this regard, it is up to the members of the council or the assembly to establish this condition, although – I insist – the Law does not warn that they must have any specific profession.”
Other recurring questions, regarding the administrator’s decisions, are related to the power of the council to endorse them: “Can it do it? Does it have the autonomy to do so?”
The lawyer explains that each horizontal property regulation must determine the scope, limit and amount, in terms of the direct exercise of the administrator’s functions.
In addition, it must foresee in which events it requires the authorization of the board of directors or the assembly.
“The horizontal and internal property regulations may foresee the requirements to exercise this position,” he concludes
The meeting in its own right
When the assembly is not convened within the period established by the regulations, it is usual, as the lawyer Nora Paton said, for it to meet in its own right.
In this regard, the president of the College of Horizontal Property Administrators of Bogotá, German Molino, explains that “generally, when this happens it is the product of the enthusiasm and initiative of some residents and is assimilated to a second call.”
According to the manager, if it is successful and there is a quorum, “decisions must be followed, since it is still ordinary, only untimely.”
Molino clarifies that this is different from the extraordinary assembly, which can be held at any time, without a call time, although some regulations allow two or three days for the co-owners to be informed.
“This meeting should be done for unforeseen and real needs. In fact, it is worth making a call for attention, because in many complexes and buildings they take it as a game, for situations that do not deserve it “, he concludes.
Put aside indifference
Many people who live in complexes and buildings subject to the horizontal property regime, still prefer to give power and, in the worst case, not attend the meeting where, among others, the general situation and the economic and financial aspects of co-ownership.
That is why we must insist on the importance of going since, 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 there. Likewise, the budget for income, expenses and investments is adopted for the respective validity and, in general, measures are taken in order to guarantee compliance with the rules and regulations. Hence, the insistence on letting go of indifference.