Obligation of the PH Administrator in relation to administration documents

According to numeral 23 of Article 93 of Law 284 of February 14, 2022 on the Horizontal Property Regime, the administrator of the Horizontal Property will have the obligation to deliver to the Board of Directors, once the contractual relationship has ended, all the documents belonging to the administration and those that have been placed in its custody by it, which may include minutes books of the Board of Directors and minutes of the Owners’ Meeting, account statements, correspondence, documentation related to bank accounts, keys to the administration office and the property. In addition, all those that were under his responsibility, of which a delivery record signed by the administrator and a representative of the Board of Directors will be drawn up.

As mentioned above, correspondence is very important documentation that must be treated securely, protecting it from distortion. For this reason, we recommend that the Boards of Directors use personalized email accounts for the PH, as well as that all equipment used for administration purposes be for its exclusive use. At the same time, use technological equipment to be able to store all documentation and keep a backup of it, which must always remain under the control and surveillance of the Board of Directors.

The same applies to the licenses for the different software used for the same purposes and that require being used by the administrator due to their functions, which we recommend be for the exclusive use of the PH, such as, for example, accounting software, as well as for any other application, with the aim of maintaining healthy administration.

Adapting an office in the PH facilities would be ideal, so that all the work or functions of the administrator are carried out within the PH, in this way the service provided would be more productive and at the same time all the documentation mentioned in numeral 23 of Article 93 would be protected, which must remain in said offices under the custody of the Board of Directors and the Administrator.

Taking into account the suggestions already mentioned, the act of delivery would be more expeditious and secure, which would end with a process of the contractual relationship to the satisfaction of the parties, even so the preparation of a delivery act signed by the administrator and the representative of the PH, would be the most advisable, in order to corroborate that all the documentation that rests in the offices of the Administration of the PH is mentioned in the Act and in this way completely perfect the transfer of the administration to another administrator or to the Board of Directors.

Keep in mind that an administrator can be a natural or legal person, so, in the case of a formal company according to the law, that is, a legal entity, it is important to check that the person acting on behalf of the legal entity or company is the correct or designated person, given that he or she may sign certain documentation, including the initial contract to hire the administration service.

For assistance regarding this matter, please contact us at consultas@icazalaw.com .