All minutes of a condominium assembly must compulsorily contain the following:
• Date and place where the assembly will take place.
• Start and end time
• Order of the day
• Signature of the president, secretary, members of the Vigilance Committee and participating owners.
• Complete list of attendees (updated) and signed.
• The agreements reached and the development of the points presented on the agenda, explicitly noting the results achieved in counting votes in favor and against and abstaining.
These minutes must be recorded in the Assembly Minutes Book by the secretary (in this case, the Administrator).
A successful Condominium Assembly will allow the community’s objectives to be fulfilled or resolved appropriately following the Law. This will enable the condominium owners to have greater participation in these sessions and propose initiatives that improve the well-being of all. Here are some tips for having a successful assembly.
1. Send summons in advance
The Law establishes that the convocation of the Assembly should be notified in a visible place in the vicinity of the condominium, at the front door, or by depositing the notice inside each property, or if the regulation allows it, by email.
2. Elect a moderator of the Assembly
Before starting the assembly, it is necessary to designate a moderator; In this case, it is recommended that said function be performed by a third party previously elected to vote by the participants of the assembly, which may be a joint owner.
This person will be responsible for presenting the list of points to address during the session and will give the floor to whoever requests it, making sure that the interested parties do not extend during their turn, ensuring that the motions are duly heard, analyzed by the attendees and discussed to reach a consensus or not.
3. Establish a table of contents
Before beginning the Assembly, establish a detailed list of the topics for discussion and the maximum time allocated per point. For example, agree to a total time of 30 minutes, with a limit of 10 interventions of 1-2 minutes for each subject. In this way, the Assembly will not be excessively long.
4. Designate a note taker
It is required to designate a person (usually the Administrator) to take notes on each of the agreements and resolutions discussed and established. He must be able to write down clearly and concisely the points to be included in the Minutes of the Assembly.
In that sense, everything noted during the session must be read at the end of the session to confirm that the information is correct.
5.-Make administrative and financial reports
It is crucial to present the financial and administrative reports of interest to the assembly by the different committees in the session. The accounting and financial statements can be communicated to all owners, including the records in the bank book and the history of maintenance fees. After the assembly, they are sent to the community by email in case they wish.
6.- Establish the annual budget.
It is essential to establish the annual budget within the Ordinary Assembly. The majority of the members of the assembly should approve the financial commitments of the condominium. The Administrator will collect the condo fees; this must be done within the established periods, and payments will have to be made to the bank account assigned for such purpose.
7.- Establish terms of the sanctions in case of non-compliance.
The Assembly members will be able to discuss sanctions contained in the Regulation and the Condominal Law. The sanctions will be applicable if a condominium owner incurs in breach of the Law or the condo regulations. The sanctions may consist of fines, restrictions within the common use areas or those determined by the regulations, always trying to ensure that they are following the Law.
8.- Discussion of the application of sanctions.
Once there is a breach by a condominium owner to the devices that regulate the Condominium, he will be entitled to sanctions, which will depend on the type of action carried out and the number of recurrences of the conduct and the existing evidence. It will be necessary for the Administrator or the Vigilance Committee to specify the conditions and circumstances of the action contrary to the Condominium to allow the infringing owner to argue what suits their interests and offer evidence.
In case of fines for non-compliance in the payment of maintenance condo fees, it will be possible to impose interests at the rate set in the Condominium Regulations or conventional penalties, same as in the accumulation of more than two ordinary fees or an extraordinary one. Such an occasion will open the opportunity to file a lawsuit to request payment of the debts.
Everything related to sanctions and their imposition must be approved in the Assembly by a minimum of 75% of the undivided party. It must be carefully prepared so that the fine is not discarded in the courts since multiple legal principles regulate penalties.
If you have questions or require more information about sanctions, changes to the regulations or assemblies, schedule a free 30-minute phone call with us on our site www.litigationlawyers.com or follow us on our social networks LitigationLawyers.Mx and Quintana Roo Civil Law – Support and Advice (Cozumel, Playa del Carmen) on Facebook.