What is a General Assembly of Condominium Owners?
The law establishes the General Assembly of Condominium Owners as the supreme administrative body that will govern the organization and social functioning of the Condominium Property Regime. A General Assembly is necessary for a condominium to carry out its administration responsibilities and to generate a healthy coexistence among the owners through orderly and regulated voting.
The General Assembly must be governed by a public deed that stipulates the organization and administration of the condominium, in addition to designating a person in charge of carrying out these tasks. These are normally carried out in either ordinary or extraordinary assemblies.
Ordinary assemblies must be held at least once every six months and must discuss topics such as appointing or removing the condominium administrator, establishing the obligations and faculties of the administrator, establishing the moratorium rates for the condominium owners, examining the account statements provided by the administration, reviewing budgets, establishing quotas for maintenance expenses and in general, topics of common interest among the condominium owners.
In the case of the extraordinary meetings, there is no specific rule regarding frequency, since they attend to the needs of the condominium and can be held as many times as necessary. However, there are issues that, according to the law, must be exclusively debated in these meetings. For example, any modification to the articles of association of the condominium property regime and its regulations, the voluntary extinction of the condominium property regime, or even a lawsuit against a condominium owner in the event that he/she repeatedly fails to comply with his/her obligations and incurs in violations of the articles of association and the Condominium Regulations.
It is worth mentioning that the meetings of the Assembly, whether ordinary or extraordinary will be held at the condominium property, except in cases of force majeure (an act of nature) or to facilitate the participation of the interested parties. In both cases, the condominium owners may opt for a remote meeting, through the use of any digital platform that facilitates and allows the image of the condominium owner to be projected in real-time under the conditions determined by law.
Likewise, the announcement for meetings must be duly made in accordance with the law and the condominium regulations, since there are legal requirements that must be met, and which are imposed to ensure that all the condominium owners are aware that a meeting will be held, allowing them the right to participate and vote, otherwise, the meeting would be null and void.
Finally, at the end of each of the meetings, the meeting must be recorded in a public deed and registered in the Public Registry of Property and Commerce for its legal effects.
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