A member of the board of directors asks: Can the board of directors, upon the resignation of the administrator, appoint two directors as administrators, one of them with legal status, and the two accruing monies from the group? Is it an obligation that by having these contracts they must resign from the position of director?
Answer. It is necessary to consult the horizontal property regulations because in most buildings in which the administrator is a legal entity, it appoints a delegated administrator, which does not mean that there are two administrators.
In the case of the legal person as an administrator, legal representation is exercised through a natural person, which is why it can also be thought that there are two administrators when there is not.
Similarly, in several of the current regulations, there are other figures with a delegation of functions and therefore it is not possible to speak of two administrators.
The horizontal property regulation is mandatory, and, therefore, any appointment must be subject to it.
I suggest that if the problem persists, this situation is resolved through the conflict resolution mechanisms that the regulation establishes; and if necessary, call an extraordinary meeting so that, as the highest body of horizontal property of the complex, it can make a decision in this regard.
The appointment rests with the owner
An owner has the following concern:
The partner of a proprietor presented himself to the assembly without power and applied to belong to the council, he was denied the possibility, since he is not the owner.
In the regulations, it appears that only the owners can be part of it, but as a partner (or could he be a husband, son), in a certain way he is the owner, and could he belong? Or if it carried a power of attorney? Or what would be the conditions to belong to the council?
Answer. If an owner’s attorney-in-fact ran as a member of the board of directors and was elected, it is clear that the appointment rests exclusively with the owner whom he represented.
Finally, it is worth saying that the owner of a property is the one who appears as such in the certificate of tradition and pertinent freedom.
Another owner inquires: What powers of representation does the president of the council have to appear on behalf of an authority to file an administrative or police action?
Answer. Although anyone can file a complaint or institute the police or judicial action, the only one who can do so on behalf of the legal entity of the horizontal property is the administrator.