Points associated to communities of homeowners are undoubtedly one of the consulted authorized issues on the internet, because of this we at all times attempt to publish information associated to horizontal property.

Immediately particularly we wish to talk about whether or not a co-owner can have his proper to vote disadvantaged within the house owners’ conferences

Concerning this difficulty, we affirm {that a} neighbor might lose his proper to vote, in keeping with the Article 15.2 of the Horizontal Property Regulation, «The house owners who on the time the assembly started weren’t up-to-date within the cost of all of the overdue money owed with the group and haven’t judicially challenged them or proceeded to the judicial or notarial consignment of the quantity owed, might take part of their deliberations, though they won’t have the proper to vote. The minutes of the Assembly will mirror the house owners disadvantaged of the proper to vote, whose particular person and participation quota in the neighborhood is not going to be computed for the needs of reaching the majorities required on this Regulation..

Subsequently, we will affirm that not being up-to-date within the cost of overdue money owed with the group could cause the lack of the proper to vote.

The convocation of the Board of the group of homeowners will include a listing of the neighbors who aren’t updated within the cost of the money owed because of the group and can warn of the deprivation of the proper to vote if the necessities are met, Overdue money owed are thought-about when:

1.- There’s an settlement of the group of homeowners: Will probably be thought-about delinquent as of the day following the day established for the cost of bills.

2.- Indicated within the Statutes: Right here we should apply article 1,100 of the Civil Code: “These obligated to ship or do one thing are in default so long as the creditor requires judicially or extrajudicially to adjust to their obligation.” The neighbor can solely be thought-about delinquent when the month or quarter of the issuance of the receipt ends, and the quantity owed is required.

For extra info you may seek the advice of our horizontal property blog.


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