The maximum meeting of the complexes and buildings subject to the horizontal property regime is approaching; for this reason, to organize it in accordance with current regulations, some rigorous recommendations are offered.
When should the assembly meet?
It is important to bear in mind that according to Law 675 of 2001, the ordinary assemblies of owners must meet at least once a year on the date indicated in each regulation. In the absence of this, it will be done within the first three months following the expiration of the budget period.
Who makes the call?
The property manager, appointed by the assembly or by the board of directors, must summon each owner by means of a communication sent to the last registered address.
Hence, the same Law determines as one of the functions of the administrator that of directly keeping the registry of owners and residents. The rule provides that the call is made no less than fifteen calendar days in advance.
What should be done if the announcement is not made within the aforementioned period?
In this case, the assembly will meet in its own right, on the first business day of the fourth month following the expiration of each budget period, at the place and time indicated in the regulations, or at the facilities of the building or complex at 8:00 a.m. evening. The meeting attended by all the owners will also be valid, even without a call.
If the initial owner has not convened the owners for the first meeting, can they meet in their own right?
The initial owner is only obliged to convene the first meeting of owners once a number of private assets have been built and sold that represent, at least, 51 percent of the total coefficients of the building or complex, which must inform to the owners.
In such a way that in this event the assembly must not necessarily meet within three months following the expiration of the budget period, nor can they meet in their own right.
In addition, in these cases also the owners have to pay their fees according to the provisional budget prepared by the initial owner.
When must tenants and other residents convene?
It is clear that the assembly is of owners and the obligation is to summon them.
However, jurisprudence has clarified that non-owners who may be affected by a decision, have the option of participating only in a certain matter and without a vote.
Is attendance at assemblies compulsory?
In principle, it is the owners’ right to attend and participate with voice and vote. However, it is also a duty, as this omission can cause damage to the other owners and the property; there are even cases in which it transcends neighbouring buildings and sectors of the city.
This has been established by regulations such as the Bogotá Police Code by establishing attendance at this meeting as a civic obligation, establishing sanctions for those who fail to comply.
Are the fines charged for not going valid?
Many regulations contemplate them to guarantee greater participation and, in this way, achieve a normal operation of the administration of common goods and services.
Therefore, if the respective horizontal property regulations typify this offence with the sanction, the owner who does not attend personally or by representation may be fined. In this case, their rights, especially due process and defence will be respected and the provisions of the regulations and the Law will be observed.