Consumer Protection Agency in Buenos Aires

Iznogud

Registered
FWIW, i listened to a seminar on how to become a registered Administrator.
Not first hand, but paying close attention.

The first thing you need is the Reglamento de Copropiedad and the Reglamento Interno if they sanctioned one. Any and both of them should be provided (for copying) by the current Administrator. Any further action to be taken must be based on what is permitted or restricted by those texts.

Iz
 

Iznogud

Registered
Haven't read the whole story but it should be pointed out that any expensas debt not claimed formally by the Administrator will expire.
The Administrator is responsible for her actions and inactions for two years after leaving.
She can not raise her salary unless it is approved by a properly organised Asamblea.

Iz
 

jantango

Registered
The first thing you need is the Reglamento de Copropiedad and the Reglamento Interno if they sanctioned one. Any and both of them should be provided (for copying) by the current Administrator. Any further action to be taken must be based on what is permitted or restricted by those texts.
I have both of those documents from 1968. The first one details the responsibilities of the Administrator to the consorcio, but she probably has never read it.


Haven't read the whole story but it should be pointed out that any expensas debt not claimed formally by the Administrator will expire.
The Administrator is responsible for her actions and inactions for two years after leaving.
She can not raise her salary unless it is approved by a properly organised Asamblea.
Our administrator decided on her own that she needed a raise without approval by the consorcio. After pointing this out to the owners in an email, you would think they would question it. No one said a word about it.

We had a series of three prostitutes renting an apartment over two years. The first two didn't stay more than a few months. The third one was definitely working in the apartment with clients arriving day and night. I wrote the administrator about the situation and pointed out that our reglamento interno prohibits any type of business in the building. The administrator didn't contact the heir (whose mother died in 2017), so I wrote a demand letter that most of the residents signed to get the prostitute out of the building. It took a phone call to the heir during a consorcio meeting by the building bully to get action. It was a security risk for all of us, besides being contrary to consorcio rules. She was working in the building for ten months before finally moving out. I was leaving very early one morning when I encountered the prostitute and her next client on the stairs outside my door. Getting this administrator to do her job is a challenge, to say the least.
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Iznogud

Registered
For starters, a call to 911 and / 147 when the lady was entertaining a gentleman would have been an interesting way to document the situation and wake up the others.

Ley 941 and its modifications is your friend.
Fire insurance is mandatory. No discussing it.
Lack of it is a serious Administrator violation. You could go for her licence and that would be it. Don't think the City has a sense of humor for such omisions. The RPA would or should nuke her licence in less time than it takes to explain the situation if you have this documented by a previous Mediacion.

Take a look at L.941. It has all the ammo you'll ever need since it seems you have been through many ethic violations.

Wonder if your lawyer ever mentioned the 941. I believe two strikes and you are out of the Administrador business.

Iz
 

nikad

Registered
During 2020 and part of 2021 general homeowners meetings were suspended by a city ruling, so I am unsure which date/s yours were meant to take place. And lastly to remove a building manager you need a simple majority vote. In all honesty I do not think the Consumer's Defense route will work in this case. What should work is a criminal report over fraud ( if you can prove it ). These are just my guesses ( I have been part of my building's homeowners association for a few years now, and we have been through management changges, etc ).
Seems like your neighbors don't really care, you need to start talking to each other, and be on the same page. Then just go shopping for a new management company and just start working on your property. Things won't work unless you have support from other owners in your building. Explain how the property value is hurting, how much better it should be etc. It is difficult to encourage people and make them realise that they should be empowered. I have managed to get well over 50% of owner in my 80 unit building. It was hard work, but it is rewarding to see how the building has changed ;)
 
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nikad

Registered
You don't need 2/3 to remove the admin, just simple majority of those who attend the meeting. If anybody wants to oppose, they have to do it within a certain timeframe else it stands. The thing is that somebody, and I mean owners, have to take responsibility and have to go shopping for admins, etc before you do this. If you are the only one who is not happy about it, it will not work. You need to have others on the same page. I cannot stress enough how important this is.
 

Iznogud

Registered
Usually, you need 50 + 1 % of the property owners (% of ownership, NOT the number of votes), 2/3 majority or eventually - much less common - a simple majority of those present.

It is determined by the Reglamento de Copropiedad I mentioned earlier.

It is important to plan ahead if you want to take the Palace Coup path.
Find and agree on a new Administrator, invite said person to a selforganized Asamblea to remove the current Admin and ambush him/her/it. This way, rhe Admin, present, has little or no opportunity to react and is bound to deliver the corresponding books and related admi istrstive paperwork to the next Administrator following legal time terms.
As regular practice, sometimes/most often, the following expensas are still liquidated by the leaving administrator.

Iz
 

nikad

Registered
Usually, you need 50 + 1 % of the property owners (% of ownership, NOT the number of votes), 2/3 majority or eventually - much less common - a simple majority of those present.

It is determined by the Reglamento de Copropiedad I mentioned earlier.

It is important to plan ahead if you want to take the Palace Coup path.
Find and agree on a new Administrator, invite said person to a selforganized Asamblea to remove the current Admin and ambush him/her/it. This way, rhe Admin, present, has little or no opportunity to react and is bound to deliver the corresponding books and related admi istrstive paperwork to the next Administrator following legal time terms.
As regular practice, sometimes/most often, the following expensas are still liquidated by the leaving administrator.

Iz
Under the new Civil Code you only need a simple majority of the owners present during the meeting. The code rules over their building ruling. This was modified deliberately due to low participation of owners in decision making that was keeping a lot of buildings stuck with a certain management company or unable to make any kind of decisions. Those who don't agree with what was decided have the right to oppose ( following formalities ) after a certain period of time.
 

Iznogud

Registered
Then again, to have the aforementioned meeting, you need first 66.66% of the owners signatures.
Jantango already mentioned the absence of a Council so the 2/3 in agreement is a must. THEN and only THEN you can proceed with yous simple majority of those present AND subject by the vote of those absent that have x days to send a vote (following more procedures). Just the simple majority won't put an end to it. There are Musts, before and after.

Iz
 
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