Condo Manager: Role and Responsibilities
You have just bought a property and you want to learn about the rules of living in a horizontal condominium, as well as the rights and obligations you have over private and common areas. Do you know who is responsible for ensuring compliance with these rules? The Administrator. We tell you how he is chosen and what his tasks are.
What is an administrator?
As we have told you before, the coexistence and co-ownership of condominiums is regulated by the Condominium Property Law, in whose articles it is established that each one must have an administrator, either internal or external.
You must know that each state has different regulations, as well as agencies that are in charge of the procedures around the condominiums. For example, in Mexico City there is the Procuraduría Social (Prosoc), in Hidalgo there is the Secretaría de Obras Públicas y Ordenamiento Territorial, and in Tamaulipas there is the Ordenamiento Territorial y Desarrollo Urbano del Estado. It all depends on the entity where you live.
What are the functions of the administrator?
This person is in charge of maintaining the condominium in good condition, paying for electricity and water supplies in the common areas, elevator services, cleaning and security.
He is the person who collects the maintenance fee and, above all, the delinquents; receives complaints of damages to the common areas; mediates problems between the condominium owners; oversees that the internal regulations are complied with and carries out legal procedures in relation to the condominium, among other responsibilities. It has the support of an Oversight Committee made up of two owners, who will ensure that it fully complies with its obligations.
How do you choose?
As stipulated by the Law of Property of Condominiums in the different entities, the neighbors propose the candidates to manage the property, they can be external or internal.
The pre-selected external candidate must present his nomination to the city or state regulatory agency, with the consensus of 5 owners. If the procedure is authorized, a General Assembly of Neighbors must be called with 15 days of anticipation. In the opportunity, the neighbors will vote so that he assumes as administrator; his obligations and monthly fees.
The internal candidate will be an owner and will also be elected by the General Assembly of Neighbors. Unlike the external one, this one will not charge a fee for providing this service. Unless the group of condominium owners agrees to pay a monthly fee for their services.
In both cases there are certain requirements that must be met:
- Minute book authorized and registered for comparison with the corresponding secretariat.
- Copy of the minutes of the General Assembly where your appointment appears.
- A copy of the official identification in force.
- Two recent photographs in child size.
- Document identifying you as a condominium owner.
- A copy of the contract for the provision of services signed by the neighbors who form the Supervisory Committee.
- Copy of the deposit of deposit or property in safeguard as a guarantee of the good handling of its function.
- Copy of your certificate as administrator of the PROSOC or regulatory body of the activity in each State
How long does an administrator last in his/her position?
Once elected -whether professional or condominium- the term of office is established for one year. In case of being a condominium administrator, he can be re-elected for two consecutive years and after two non-consecutive periods, that is, you can re-elect him 4 times. In the case of the professional administrator, he can be re-elected as many times as the Assembly wants, as long as he fulfills the renewal of the contract and the payment of the deposit before rendering his services again.
What sanctions are applied if you do not comply with your duties?
According to the Condominium Property Law, the manager must comply with the list of his functions to the letter. In case of not doing so, the condominium legislation accredits economic sanctions, depending on the seriousness of the fault. For example, if he does not deliver the statements of account of each condominium owner, nor to the Surveillance Committee, he must cover a fine of 46 to 271 minimum wages.
Remember that the best way to maintain peace between neighbors and in good condition of the condominium is to appoint an administrator to watch over the common welfare.