We continue highlighting the main and most frequent questions raised by readers.
Requirements for the call to the ordinary meeting:
The call will be made by the administrator at least fifteen calendar days in advance. The summons must be sent to each owner at the last registered address, accompanying the list of people who owe common expenses. It is also recommended to attach a power of attorney in case the owner cannot attend. The financial statements and the budget are attached. Inform the owners that the books are at their disposal in the administration, at certain times.
Who can attend the assembly?
they have the right to participate with voice and vote of the owners of private unitstheir representatives or delegates.
What requirements must the powers contain?
Powers can be general or special. The powers granted to the attorney must be recorded in each power of attorney.. For example, accept a name of your representative to hold office if appointed. It is clear that the appointment falls on the owner who grants the power.
It is necessary to review each power. The lessee, in the case of contracts of lease owner representative. In summary, the condition of owner is demonstrated, with the certificate of tradition and freedom. If the person does not appear with such capacity, he must present a document that contains the mandate granted or the quality of legal or voluntary representative.
Tenants and holders may participate with the right to speak, but if they want to vote they must take the power of the ownersunless the regulation establishes something different.
Personal data and agenda
Is it legal to record the assembly by audio or video?
Although it is possible that legal entities use audio and video mechanisms to record what happened in the assembly, it is necessary to notify them before the meeting and obtain prior authorizations for the collection, storage, use, circulation and deletion of the recordings, because it is biometric data. This, in order not to incur in violation of the rules that regulate the processing of sensitive personal data.
The administrators are responsible for the processing of personal data and to obtain the relevant authorizations from the owners. These rules must be observed from the citations to the drawing up of the minutes.
What happens when time runs out and the agenda cannot be exhausted?
In a well organized assembly and with a good presidency this should not happen. If it passes, the ordinary assembly can be convened again to discuss and decide the remaining points. In this one, the quorum to deliberate it will be as in the first case: a plural number of owners representing more than half of the co-ownership ratios, and to decide, the favorable vote of half plus one of the co-ownership coefficients represented at the meeting is required. In this the missing points will be exhausted.
Second Call: If the quorum to deliberate, the second assembly that will be held as a second call. In this session, a plural number of owners may be held, regardless of the percentage of coefficients represented..
When the assembly is not called, it will meet by its own right on the first business day of the fourth month following the expiration of each budget period.
inquiries
Send your question, very specific and without attachmentsto the email: redaccioneconomicas@eltiempo.com
