“Although the horizontal deed of ownership does not expressly indicate the amendments made to Law 675 of 2001, which revised this documentation in the light of Article 86 of the above-mentioned standard, it should be noted that the regulation of ownership complies with the provisions of the norm that governs the matter”, since the local jurisdiction for the registration of buildings and ensembles, subject to the horizontal regime of ownership, is limited to what is required by Article 8 of Law 675/01, according to which this is done by presenting to the official or competent body the registered certificate of constitution of the horizontal property right and the documents certifying the appointments and acceptances of those who exercise legal representation and the tax inspector. Register or change the number of the legal representative of the horizontal property with the competent authority. Please note that all acts and/or contracts concluded or executed by the Chairman of the Board of Directors as legal representative are null and void. – Image bank / HEADER PEOPLE Thefts from the accounts of these entities occur because the only document that recognizes a bank is legal representation, despite the existing protocols of appointment or meeting of owners that could certify tax inspectors, as indicated by law, but for them are not valid documents, But on the contrary, when it comes to forgeries, Indeed, according to the lawyers of these institutions, mayors lack mechanisms to verify the legality of documents, that is, despite a waiting period of one, two or even three months, there is no process for certifying signatures or the legality of assemblies. And the principle of faith is applied to such an affirmation. The Law on Horizontal Property has stipulated that the legal representative of horizontal ownership represents only the legal person of which it is composed, with regard to common ownership and its interests, but not the owners of private entities, who are considered individually, so that one is the legal person of horizontal ownership and the other, the private property contained therein, of which the administrator of the co-ownership is not the legal representative of the respective horizontal property only because he is the legal representative of the respective horizontal property. The legal representative of the horizontal property is the administrator. Otherwise, as such, they may exercise: These procedures include the horizontal certificate of ownership and the registration, amendment or certification of that legal entity. Fortunately, both are easy to do because they are created online. The biggest impact on the condominium is that it can no longer use the resources deposited in its bank account, which in turn leads to the reduction of utilities in the water and electricity sectors, causing damage to its infrastructure such as motor pumps and engine rooms. The registration, modification and certification of the legal representative of the horizontal property is an obligation. In fact, it is provided for in Law 675 of 2001, which regulates the issue. With the exception of the exceptions added in Law 2079 of 2021.
“The appointment, registration and certification of the legal representative in horizontal ownership is an obligation established in the law that governs the matter in Colombia, with some exceptions.” “In order to ensure the stability and continuity of horizontal ownership in view of its operation, it is necessary to reform the rules of horizontal ownership and to include the number of substitutions in the legal representation. To do this, it must be approved by the assembly of owners with 70% of the coefficient of co-ownership. The alternate legal representative may only act if the principal legal representative is temporarily or permanently impracticable. However, it is important to know that all actions and / or contracts concluded or executed by the president or the member of the board of directors as legal representative are absolutely null and void and that the damages caused to third parties are the responsibility of the co-owner and therefore of the owners in the participation they have in the respective coefficient. In order to register or change the legal representative and / or tax inspector of horizontal property with the office of the local mayor, you must meet the following conditions: As we have seen in this article, the legal representative of a horizontal property is the administrator. In exercising this responsibility, he is responsible, in addition to his duties, for the execution of certain procedures. In horizontal characteristics, it is very common to elect from among the board members the person who replaces the legal representative and ultimately it is the board member who signs contracts, gives instructions to employees and even makes decisions such as changing suppliers or firing workers,” Arenas explained. Most co-owners provide for legal representation in their by-law, but not the figure of deputy legal representative. “This absence is wrongly assumed by the chairman of the board of directors, who assumes the position of director in absentia and goes beyond the only law faculty he has as president under Law 675 of 2001: signing the director`s liaison agreement and leading the board of directors.
The legal representative of a co-ownership (housing complex), a legally constituted legal person, is distinguished from the persons (natural or legal) who compose it and acquires its existence automatically and by the simple construction in horizontal ownership of a property or a series of immovable properties. If the administration is exercised by a legal person, its legal representative acts on behalf of the horizontal ownership. The answer is a resounding YES, because some directors denounce that if they are legitimately elected by a meeting or an act of a council, there are characters belonging to the PH cartel who obtain them fraudulently and sometimes even forged to seize bank accounts in complicity with certain officials of these entities. It is a very simple process, moreover, its practicality and efficiency eliminate lines and movements. Thus, legal representatives and co-owners can obtain their certificate very quickly: the entities that issue the horizontal certificate of ownership and the certificate of legal representative are the municipal or district mayors. In accordance with the provisions of Law 675 of 2001. Next, we will know the procedures necessary to register or modify those who exercise the legal representation of horizontal ownership. The legal representative of the co-ownership has no legitimacy over the private rights and interests of the owners of the units that are part of the horizontal property. Therefore, each owner of private entities must personally grant a power of attorney to a lawyer before initiating any legal or administrative action or legal proceedings. “The legal representative in horizontal ownership is the director, the legal representative of the latter or, if this is not possible, the board of directors and the general meeting of co-owners.” The two personalities can only temporarily take over the legal representation of the complex or building in order to sign the administrator`s contract.
Knowing the roles and responsibilities of the legal representative of a horizontal property is a duty of all co-owners and residents. Also for all those who are interested in taking on this role. Minutes of the meeting. Either by the co-owners or by the board of directors that approved the appointment. The minutes shall indicate the period for which it was chosen. Many homes complain about the delay in issuing or updating this procedure, as it is the only recognized document and the reform or repeal of the law needs to be reviewed with a new draft to speed up this process. In the “View horizontal property” option, click the “New” button. This will display the form to record all the information about who will hold the position. Also the information of the action that supports his appointment. Therefore, these municipalities ask the officials and mayors to do their work conscientiously and to have the importance that this legal act deserves, to be heard with haste and immediacy and not to become another convoluted and bureaucratic procedure that contributes to this disease of the pachyderm from which some public servants suffer because they do not do their job effectively and efficiently. that you expect so much. Citizenship Enter the NIT of the building or assembly on which you want to process the certificate.
This is done in the “View horizontal property” option. Therefore, while the client is performing his duties, there is no room to replace him, in this vein, the member is not considered a director. Document signed by the administrator. By doing so, you agree to the name and your ID. If you follow the steps outlined in this article, recovering both documents will be a simple, convenient and effective task that will help you comply with the law. These are documents that should not be lacking in the administration before any revision.