Topic 2

The Statement is completely detached from the realities of the Law as it wants to insinuate an Assembly can do as they like. Or the Assembly could delegate to the Supervisory Committee to update the regulations.

That is of course not true. Only Extraordinary Assembly’s can amend existing regulations within the limits of the Law.

The assertion that an Assembly can “entrust the Surveillance Committee with updating the regulations” is utterly baseless. The Law specifies:

Article 35.- The assembly of Condominiums shall have the following powers:

I.- Modify the Constitutive Deed of the Condominium and approve or reform the Regulations of the same, these must be registered in the Public Registry of Property in the cases and conditions that provide for one and the other;

Any “updating of the regulations” is in the sole power of the Assembly and cannot be delegated to the Supervisory Committee.

The Law specifies for the Supervisory Committee:

Article 44.   ….The supervisory committee shall have the following functions and duties;

I.- Ensure that the Administrator complies with the agreements of the respective assembly of Condóminos;

II.- Supervise that the Administrator carries out the fulfillment of his functions;

III.- Monitor the contracting and termination of professional services agreed by the Administrator, when agreed by the assembly;

IV.- Where appropriate, give their consent for the realization of the works referred to in article 30 section I;

V.- Verify and dictate the statements of account that the Administrator must render before the assembly;

VI.- Verify and supervise the investment of the reserve fund;

VII.- To report to the assembly of its observations on the administration of the Condominio;

VIII.– Assist the Administrator in observations to the Codex on the fulfillment of their obligations;

 IX.- Convene an Assembly of Condominiums when they have requested it from the administrator and he does not do so within three days of the request, as long as they represent at least 25% of the undivided of the Condominium.

Likewise, when in his opinion it is necessary to inform the assembly of irregularities incurred by the Administrator, with notification to the latter to appear at the relative assembly;

X.- Request the presence of a representative of the corresponding City Council or a notary public in the cases provided for in this Law.

The Chairman of the Supervisory Committee, in conjunction with the Administrator, may open checking accounts, write cheques and, when so agreed by the Assembly, designate signatures authorized to manage such accounts; and

 XI.- The others that derive from this Law of the application that others impose duties to their charge, as well as of the  Constitutive Escription and of!  Reglamento of the Condominio.