February Nb, Public Auction

The Board of condominiums

The "organs" of the condominium on the Civil Code are two: the administrator and the assembly. Both have tasks provided for by law and specific responsibilities. These "organs" in the technical sense-because the building is not subject to law and as such can not have representations of himself.

addition to these figures provided by the law if it found a third. This is the so-called Council of condominiums. By what standards is expected the existence of the board of condominiums? How do you elect a Board of condominiums? How is it regulated its functioning? What are its functions?

All questions to which we will answer below.

From what rules is expected the existence of the board of condominiums? Neither the Civil Code or special laws governing the board of apartment buildings. Its existence can be predicted by both the house rules (whether contractual shareholders) or from any act which, with majorities in second paragraph of art. 1136 cc (the majority of participants in the meeting, representing at least 500 milliseconds) it has existed. In fact, the Code does not provide even a majority ad hoc for the establishment of the council. It is a majority that can be deduced logically from the fact that the meeting regulations (which can set the council buildings) must be at least voted with the majority provided for by Article. 1136, second paragraph, DC

How to elect a Board of condominiums? How is governed its operation? E 'useful that any regulation or shareholders' resolution that is meant to establish the board governing these matters. In the absence of suitable heads, the appointment of directors and their term of office and rules of operation are as for assembly and administrator. So it is presumed, in the case of regulatory gaps, hard to think that every director in office for one year, the board should be convened with the same conditions for assembly, etc..

What are its functions? The board has only advisory functions and scrutiny of the administrator. Can in no way replace it much less at the same meeting. As an example, which is the most common in practice, the board may be helpful and control of the administrator in dealing with the firm in cases of particularly heavy and complex contracts. But it will never sign the contract administrator in place or in place of the Assembly approve the final accounts of the work.