Category Archives: Property Disputes

OBLIGATION OF THE ADMINISTRATOR TO REPORT THE EXPENSES OF THE COMMUNITY

 

 

Obligation to report by the Farm Manager on the expenses of the community

Many questions have been put to the effect that the administrator or property manager of the owner community does not provide documentation regarding community expenses when asked to do so by a property owner.

Another question we are asked is that there are many neighbors who do not pay and that the administrator does not report.

What solutions can there be to these problems

Article 20 of the LPH establishes the obligations of the administrator, among which are, to guard at the disposal of the owners the documentation of the community, as well as to execute the agreements adopted in the matter of works and make the payments and make the collections that are And to prepare, in due time, and submit to the Board the plan of foreseeable expenses, proposing the means necessary to deal with them.

Consequently, any neighbor has the right to request documentation relating to the expenses of the administrator or the administrator, who must show it to any of the co-owners.

As for the claim of the delinquent neighbor0

Likewise, under article 9 of the LPH, it is the obligation of each owner to contribute, in accordance with his participation quota fixed in his title of purchase or to the specially established, to the general expenses for the adequate maintenance of the property, its services , Burdens and responsibilities that are not susceptible of individualization.

Otherwise, Article 21 of the LPH empowers the community to approve the judicial claim of the debt by means of moni- toring. For this purpose, a prior approval of the Board’s agreement in which the debt settlement with the community is approved By whom he acts as secretary (the administrator) of the same, with the approval of the president, and must be notified beforehand.

The farm manager or the administrator, if applicable, must proceed in a timely manner as established in article 20. f LPH assuming the obligation to fulfill the other duties that are confirmed by the Board, so they must call a regular or extraordinary meeting , In order to certify the debt and report it complying with the formal requirements established by the Law prior to the initiation of legal proceedings. At that meeting, they must authorize the President to grant powers in favor of a lawyer and an attorney for their legal claim.