Copyright by: www.betava.

com OWNERS ASSEMBLY AGREEMENTS

In our legislation (CR), three types of agreements and meetings about approving according to their importance and necessity.

1) Those that require 100% of the total value of the building. 2) Those that require supermajority (66% of the total value of the building). 3) Those that require a simple majority (50% + 1). It is for the Condominium Owners resolutions on matters of general interest and collective. Before beginning to hear the merits of the case (agreements), we should clarify that there are two types of assembly: The Ordinary and Extraordinary General. What is the difference between the two? In ordinary general meeting discussed all matters where owners can propose changes being made about coexistence, on financial matters condominium or building structures. In this regular meeting for example, are issues such as: administrative report and financial accountability for the administration, operation budget of the new administrative period, administrative or replacement choice, recruitment of new services, etc.. At an extraordinary are urgent matters, which by its possibility and urgency, must be resolved immediately. So, on the agenda issues are specified only to treat or resolve is relevant target (the community) or subjective in nature (of interest to a particular person or group). 1) Agreements requiring 100%. I. Modifying or updating the regulation. II. Changing the general purpose of the condominium. III. Vary the proportional area of all subsidiaries. IV. Vary the size of the common area. V. Quitting the condominium property regime. VI. Encumber or alienate the entire condo. VII. Vary the terms of the articles of incorporation and administration of the condominium. VIII. Rebuild or part of the condominium.

2) Agreements requiring qualified majority (66%) or two thirds. I. Maintenance useful improvements. II. Vary the general fate of an estate subsidiary. III. Build new homes, basements, or giving unauthorized digging. IV. Acquiring new commons, change the existing destination.

Copyright by: www.betava.com V. Have a particular shape of any of them. VI. Authorize rental of things or commons. VII. Approve the partial or total reconstruction of the condominium. 3) Agreements that require a simple majority (50% + 1) I. Administrative and Financial Report. II. Editing Financial Statements. III. Operating Budget. IV. Modification or revocation of measures implemented by management. V. Appointment, remuneration and removal of directors. VI. Disciplinary sanctions. VII. Improvements necessary or urgent. What if I Assembly agreement affects or hurts me? Under the call you received from the administration, if you could not attend, you must send the voting power of expressing its views or opinion on the points discussed in assembly. If you have a vote of its subsidiary (against) approved an issue that hurts, you can file a motion to revoke this agreement in particular hurts. Yes, you must do so within three months of the firmness of the agreement which should express clearly and convincingly, the principle of illegality of the agreement. Assembly can contest an all agreements? Yes you can take that fact. For example: I. When the call is defective in form or substance (not dated, you were not called (a), no firm responsible, etc. II. When agreements are not gathered enough voter turnout. III. When people voted no proprietary or non-voting. IV. When summoned to a specific place and met in a different without notice. You can validate agreements rejected? Yes you can validate agreements rejected or not approved. To perform this action, you must schedule the matter again, raising it to a vote and enough to fill the voting percentage as the subject being treated. Can a condominium absentee request verification of a quorum after the meeting ended? You cannot. This action is out of time, that is, is out of time. Can a condominium request copies of meeting minutes?

Copyright by: www.betava.com R. - Every owner has the right to request copies of all agreements, moreover, say that it is the duty of the administration to distribute in the shortest time possible, copies of the minutes of meeting each and every one of the condominiums which are entered the agreements. There are some regulations voting in assembly? In some condominiums, when sending the notice of meeting, specifying the regulations for natural and legal persons who attend and who can vote. For example: the condominium owner or his representative is duly recorded in the book of the administrative branch in the registers or enrolled with the National Register of Deeds of the country, that the estate subsidiary has no debts to the condo which voting power is duly authenticated by a lawyer, etc.. These regulations must be properly recorded in the regulation and administration of the condominium. They can be held in one day, ordinary and extraordinary? R. - Yes you can, subject to compliance with the provisions of the regulations and that both assemblies are separated in time and that the matters to be discussed are different from each other. Remember that all assembly agreement must comply with the regulations of the condominium as well as the Civil Code. Declared firm agreements, rewritten the Book of Acts and legalized respective condominium. Who is the person convening the assembly? R. - The Administration is responsible for making the call to the various assemblies. If there is no administration or it does not work or is unable to exercise, one third (1/3) of the owners can call the assembly and resolve outstanding issues of the condominium. This third party representation must necessarily be present in the assembly and must verify the names of the owners and the powers of attorney. Not to say that this representation (1/3) reached an agreement to vote. The minimum percentage to vote any matter is 50% + 1 of the total value of the building. Do not misinterpret the participation quorum voter turnout. The quorum for the meeting on first call is reached with 66% of the value of the condominium (two-thirds). On second call, is achieved with any number of attendees. GIVEN AFTER THE AGREEMENTS, what happens? For example, for the attorney notary may register in the Public Registry of Deeds appointed administrator of a condominium, the Act of Assembly of Homeowners must meet certain minimum requirements as follows: 1. - In the header should be pointed but not limited to:

Copyright by: www.betava.com I. Full name and registration of the Condominium. II. Folio real number of the source property. III. Corporate identification number of the Condominium. 2. - You must enter. If the Assembly is ordinary or extraordinary. 3. - Must state whether meets on first or second call. 4. - Must attest that they meet the respective quorum Act (or the Condominium Regulations) and indicate the start time. 5. - Are appointed by the President and Secretary to the session. The first in time and space will moderate the session and the second the respective record transcribed the Book of Minutes of the Condominium. 6. - Indicate the names of the owners present, representations (if any) and the percentage of value that is duly represented. 7. - Indicate neatly the various agreements that are made, clearly separating the discussion of the vote and approval (or rejection) of the proposed motions. Example: ARTICLE ONE, SECTION TWO (...) 8. - If the agreement is for the appointment of directors must contain: I. Full name of who is appointed, qualities, etc.. II. Number of identity card or passport and a statement that he accepted the job. If a legal person must state, in addition to its name and corporate identification number, who in his legal representative, and hereby accept the position. III. The legal person appointed must have valid social term. IV. It should clearly state the period for which it is named, with express indication of when it starts functions (takes over). V. To record the amount of your monthly or annual remuneration or is ad-honoren. 7. - Provide the most with the approval of the agreement reached, preferably indicating the number of votes for, against and abstentions, although most with mention of approving enough, and it should be noted that the majority is required by the Regulation. Remember that there are three types of agreements: 100%, 66% and 50%. The vote required to appoint an administrator is by simple majority (50% + 01). If the condominium regulation says otherwise, such as: "A majority vote of those present", then most of those who attended that meeting. 8. - It should be noted that the agreements are declared final. 10. - Must commissioners for a probate lawyer probate or administration determined appointed (or his representative). 11. - Must record the completion of the Assembly (in some cases require the signature of the attendees in the Book of Acts or on a separate sheet as assistance).