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Consortia: what are the 11 obligations of the administrator and what to do if they are not fulfilled

2021-08-03T10:12:50.659Z


Expenses, security and transparent management are key. How to avoid mismanagement and improve daily life in the building.


Silvana Saldisuri

08/03/2021 6:00 AM

  • Clarín.com

  • Services

Updated 08/03/2021 6:00 AM

The equalization adjustment achieved by the Single Union of Income and Horizontal Building Workers (SUTERH), with

salary increases

that rose from 32% to 44.8%, began to impact in July on the expenses that must be paid in August.

The

managers' union

achieved this increase to compensate for the lag with the inflation index, which consists of an additional payment of $ 8,000 per month until February 2021. This increase will have a

direct impact on expenses

, which will represent an approximate 8% of extra cost for building dwellers.

Although one of the causes for which the expenses go up

is the

increase in salaries

and social charges of those in charge, there is another that may be related to the performance of the

consortium administrators

, who many times due to lack of monitoring or control end up making unnecessary expenses that could be avoidable, they explain from the

Horizontal Property Consortium League

.

However, there are other responsibilities that also fall on the administrator that, if not well managed, can often make daily life in apartment buildings very complicated.

Expenses may be increased in part by the performance of the consortium administrators.

Photo: Archive.

What is the co-ownership regulation and why is it important to know it?

It is a document that is drawn up by public deed, for the purposes of a legal division, whether it be a building, a condominium or a closed neighborhood.

That is, of all those buildings or enterprises that have common spaces such as amenities, traffic, elevators, corridors, etc.

It is important that each owner is aware

of the co-ownership regulations to have a better coexistence with their neighbors.

Among other things, this regulation describes each of the departments or functional units and details the common parts of the building or land.

It indicates the lengths, the percentages for which each one is responsible, their own and common goods, and the rights and obligations of each of the domain holders.

It must also

record the appointment of the administrator

and specify there what are his

powers

, his

obligations

and for how long he will exercise that function.

Each consortium decides whether the administrator is one of the owners or someone external, a professional of the activity.

Photo: Archive.

What are the obligations of the administrator?

Every building must have an administrator.

This can be a natural or legal person, who administers with the powers provided by the co-ownership regulations. 


Each consortium decides whether the administrator is one of the owners or someone external, a professional of the activity. 

It must, among other things:

1. 

Present a proof

of the registration certificate in the Registry

, in the ordinary or extraordinary assembly that is held each year, in order to consider its appointment or continuity. 

2.

To faithfully execute the

decisions adopted by the assembly

of co-owners.

3.

Insure the property against fire and accidents

, the personnel dependent on the consortium and third parties.

4.

To keep in due form the

books of administration

, of the minutes of assemblies and of the registration of signatures of the co-owners.

5.

Keep an updated

signature record book of the co-owners

, which must be exhibited at the beginning of each meeting, so that the co-owners present can verify the authenticity of the powers that be presented.

6.

Keep the

consortium documentation

and guarantee

free access to the consortiums, tenants

in charge of paying the expenses or proxies for the co-owners.

The administrator must grant the view of the documentation within a period of no more than five (5) days from the date the request was made.

7.

When the co-owners, in ordinary or extraordinary assembly, so decide by majority,

an audit must be carried out

by an accounting professional.

The refusal to carry it out or hinder its progress is grounds for removal.

8.

Summon

ordinary or extraordinary assemblies in

accordance with the regulations of co-ownership, specifying the place, day and time of commencement.

There you must attach a copy of the minutes of the last meeting held.

9. Report to the

competent

body

any

situation that is outside the regulation as 

works executed without the respective permission or without notice.

10.

Attend to the conservation of the

common parts

and safeguard the

security of the building

and the physical integrity of the people, guaranteeing that the personnel who perform tasks on a regular basis in the buildings that he manages, are annually trained in hygiene, security and fire prevention measures.

11.

In the event of

resignation

, termination or removal, you must

make available to

the consortium, within five (5) days, the

books and documentation related to its administration

.


The manager should issue a copy or bank statements for the month to the owners.

Photo: Archive.

How to avoid irregularities and ensure proper administration of expenses?


.

If they wish to have a

minimum provision fund

for urgent expenses, it must be

agreed by the Assembly

.

.

It is important

that the administrator is not the only one who manages the consortium funds

.

In the event that payments are made with checks, it is always convenient that one or more owners also sign it, and thus have greater control.

.

The manager should issue a

copy or bank statements for the month to the owners

.

This helps to verify that the money is being used correctly.

.

Duplication in the settlement of expenses.

Sometimes it can be a mistake, but there are others that a repeat expense is purposely placed.

Be attentive to details and give notice.

.

Require as co-owners the

vouchers

 of everything that is declared as an

expense

.


If irregularities are detected by the consortium administrator, a free and online report can be made.

Photo: Archive.

How to report an administrator who does not comply?

In the event that the administrator is not complying with his responsibilities correctly, both the

owners

may report it

, proving their ownership with a deed or ABL payment, as well as the

tenants

presenting their rental contract and the

proxies

who must show the document that proves them as such.

Complaint of owners: they

must have a legal address in CABA and present, previously scanned, DNI and ABL invoice.

If the ABL is not in your name, present another service that is.

Tenant complaint: they

must present a scan: ID, rental contract or documentation that proves residence.

In addition, the liquidation of expenses, the documentation that proves the denounced fact and a proof of the previous claim to the administrator (emails, note, letter document).

The complaint is made online and is free.

Step by step, how to carry out the procedure:

1.

Enter the website and follow the steps indicated in the complaint process.

2.

Check the email, as all the notifications related to the procedure will arrive via email, indicating the steps to follow.

3.

For more information or doubts, you can consult a specialized team before reporting by calling 147.

Four.

If there is more than one complaining owner / tenant, they must file a single complaint signed by all owners / tenants.

If the person who acts as administrator is not registered in the Public Registry of Administrators, there will be no conciliation hearing and his complaint will be sent directly to the Register of Consortium Administrators area to initiate the sanction process.

LN

Look also

Greater Buenos Aires: zone by zone, how much money do you need to rent an apartment

Rentals: what are tenants' rights and how to enforce them

Source: clarin

All news articles on 2021-08-03

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