They ask the readers: “As a whole they are asking the owners to deliver a certificate of tradition and freedom (to keep information updated). The request seems quite strange to me (not to say dangerous) and on some other occasion a couple of years ago they had not requested deeds. Is this common, and what would be its real purpose?
Answer
The administrator can request the certificate of tradition and freedom for effects related to the application of the horizontal property regime, for example, to control the attendance of the owners at the assembly. It is necessary to respect the rules of protection of personal data. Each case must be analyzed.
ask
“My son has an apartment where I live alone and I am in charge of everything that has to do with the property. When I moved in 2 years ago, he attached a power of attorney to the owner’s documentation that gives me the right to speak and vote in everything related to it. By the year 2022 I applied to be a counselor and was excluded because I was not an owner, and so says the co-ownership regulation. In this case, how can I be able to participate as a director, if the power of attorney that my son granted me is not valid according to the directors elected at that time? This document was not authenticated, since we were told that there was no need for it due to the law against paperwork. What must be done to validate my son’s will?
Answer
Considering that, in the case of a general power of attorney, the reader can represent her son for all purposes authorized by him. If you are not allowed to exercise this mandate, the right of the owner to participate in the decisions made by the assembly and the council would be ignored. The Law establishes that the council can be made up of owners of private units or their delegates. The decision of the assembly can be challenged before the judge.
Problems in virtual assemblies
ask
“Where I reside, virtual assemblies have been a disastrous procedure because it has been provided for manipulation of powers, powers of people who live abroad are taken by horizontal property lawyers who exercise power over the assembly, impossibility of participation and many decisions are halfway. For the above, I thank you for giving me arguments to hold this meeting in person.”
Answer
The administrator and the council decide the modality of the assembly. It is possible to carry out a survey among the owners to know the will of the majority of these depending on the conditions of the set. I have previously stated my position in the sense of recommending virtual assemblies, not only to achieve greater attendance, to avoid the displacement of people who do not reside in the properties, especially units with uses other than residential.
ask
Is it legal or is there any impediment for the manager of a building, who is not the owner, to be appointed and exercise the own functions as secretary of the annual meeting of owners?
Answer
Many regulations refer to the subject, allowing the administrator to exercise this function. It is clear that, although the administrator calls the meeting and has functions before, during and after the meeting, he only participates with a voice in the meeting and is not part of it, is the most prepared and suitable person to be appointed as secretary of this.
Also read:
– Assemblies of owners (I): face-to-face or not face-to-face?
– Assemblies of owners (II): call, attendance and agenda
– Assemblies of owners (III): fines, defaulters and other aspects
– Assemblies of owners (IV): things that cannot be decided
– Owners assemblies (V): quotas, resignations and other issues
NORA PABON GOMEZ
Lawyer – External advisor
inquiries
Send your question, very specific and without attachmentsto the email: redaccioneconomicas@eltiempo.com
