They ask the readers: “If there is no updated legal representation of the administration due to non-compliance with the requirements requested by the mayor’s office. whatWhat status does the position of fiscal auditor (elected in the general assembly of owners) and administration have?”
(Also read: Do you have to be a resident to be a member of the council of a residential complex?)
Question 2
“I consult as a manager of a horizontal property management company about a building that it manages. In a local mayor’s office, when registering the administrator appointed by the owners’ meeting held this year, we are issued certification of legal representation until December 31, 2023, that is, that the legal entity of this property would remain headless and paralyzed as soon as to the acts in which they must represent the co-ownership, during the time that elapses until a new administrator is ratified or appointed because there is no way to demonstrate the existence and legal representation. Is the behavior of the entity correct? Who should I turn to to resolve this situation?”
(You might be interested in: Can the owners of a building oppose the opening of a restaurant?)
On the legal status of horizontal property.
Answer
We must remember that it corresponds to the municipal or district mayors to certify the existence and legal representation of the legal persons that are born by virtue of Law 675 of 2001. This norm determines that, for this purpose, All that is required is the deed of incorporation and the documents that prove the appointments and acceptances of those who exercise legal representation. and the tax auditor and expressly warned: “In no case may additional procedures or requirements be required.” (Article 8 Law 675 of 2001).
Regarding the first consultation, once the administrator has been appointed by the assembly or by the board of directors, and the fiscal auditor by the assembly, they can exercise their functions. Only that it will not be able to act before third parties or before the entities for the cases in which it is necessary to prove these qualities.
Regarding the second query, I believe that there may be an error on the part of the official or a lack of knowledge of the norm, since he must be subject to certify, not to question each appointment and legal representation by the administrator. The documents provided determine the period for which they were appointed. myConsequently, and given the damages that are caused to the co-ownerships in this and other similar cases, those affected can present a right of petition before the respective mayor so that the certification is corrected immediately.. Otherwise, you can address your claim to the District or Municipal Ombudsman when applicable.
(Other queries: Problems with owners, functions of the administrator and bill 205 of 2022)
On the role of the administrator and legal status
ask
“The Administrator allowed the legal status of the complex to expire on January 4, 2023 and it is currently under renewal with the status “In process” in the Suba mayor’s office. Having expired and pending said legal status, Do you hold the position of administrator? Are its functions as such still valid or, on the contrary, are they restricted?
Answer
As in the previous cases, the appointed administrator can exercise some functions that do not entail the legal representation of the building or complex, since, for this, it is necessary to prove the certification of existence and legal representation of the legal entity. In addition to investigating and taking corrective measures in the case of the administrator’s omission, as well as the causes of this (which may be unrelated to it). I suggest that through the right of petition, you request the speeding up of the process before the mayor’s office. Otherwise, considering that according to Law 675 of 2001, the only way to demonstrate legal representation is the aforementioned certification.
(Also: Increase in administration fees, parking lot owners and illegal construction)
NORA PABON GOMEZ
Lawyer – External advisor
inquiries
Send your question, very specific and without attachmentsto the email: redaccioneconomicas@eltiempo.com
recommendations
– Board of directors, mandatory insurance and service charges
– Procedures and responsibilities of the Assembly of Owners
– Contempt of decisions and joint tax auditors
