They ask the readers: “In the ordinary assemblies held between 2015 and 2022, it was never analyzed whether or not the council members elected each year resided in co-ownership, but during 2022 it was found that one of the council members, in addition to being quite lazy and something rude, He is not a resident of the co-ownership, for which reason it was wanted, with the support of this condition, not to re-elect him for the council of 2023“.
(Also read: Assemblies of owners (X): regulations, advice and other questions)
“This was modified, but we were surprised that three people (out of three main members and three substitutes) who live in Germany, Bogotá and Manizales (outside the co-ownership) self-nominated for the council; despite the fact that it was explained During the assembly, the requirement of the regulation that the members of the council must reside in co-ownership, it was decided not to comply with the regulation and elect them for 2023. (…) This refusal of the assembly, to attend to this commandment, is something in violation of the law. What could be the consequences? I know the 2023 council election can be challenged before a judge, but it seemed more important to me to have complete clarity on the issue before trying to right the wrong.”
“In ordinary assembly the board of directors was replaced. In the regulation it is stipulated that the members must be preferable owners and that they live in the complex, however, A person who is not an owner, is the daughter of an owner, applied and remained on the council. Can the regulation be ignored, is there jurisprudence in this regard??”
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In order to be a director, it is required that he not only be the owner or his delegate, but also that he reside in the building.
Answer
Of course, the questions on the same topic, and the answers to these, refer only to residential buildings and not mixed or have other uses. In the two consultations it is reported that in the horizontal property regulations it is required to be a director, that not only be the owner or his delegate, but also reside in the building. I consider that the Regulations of these two properties are of a mandatory nature and the decisions of the assembly on the election of these, as well as the acts carried out by the mentioned members, can be challenged before the judge.
(Other news: Procedures and responsibilities of the Assembly of Owners)
In the case of property owners residing abroad and in the second, when the daughter acts on behalf of her parents due to her age or physical condition or health (the latter should not be named, but the person she represents) , They can designate delegates not for each meeting, since in this event the alternates would replace them, but for the respective period of the council. I believe that it is convenient that this fact be reported in advance in the assembly. However, it is necessary to review each case, due to the restriction of the regulations. In the others, and with more due to the technology that enables people, owners may be able to participate in meetings and perform their duties virtually.
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