In addition, it is important that everyone is familiar with Law 675 of 2001, which regulates everything related to horizontal properties. In addition, you will have the knowledge and experience in everything related to its management. www.gobiernobogota.gov.co/transparencia/tramites-servicios/inscripcion-la-propiedad-horizontal-0 Obtaining the “Horizontal Property” certificate in Bogotá is very easy. You can do this on the District Government Secretariat website by clicking here. After assigning the username and password, you can already apply for the horizontal certificate of ownership: but given the situation of mandatory isolation in which we find ourselves, it has not been easy to continue to obtain the certificates of existence and legal representation of horizontal real estate, on the one hand, since not all the outbuildings of the mayor`s offices permanently serve the public. and, on the other hand, because it was not possible in all co-owners to hold the ordinary general meetings of 2020, that is why there was no appointment of the new boards of directors responsible for the appointment of the director, or that it is the meeting responsible for his appointment, and therefore, in the absence of the respective minutes, the mayors refuse to update the certificates. In recent days, I have been asked this question, which leads to a very interesting topic, on the validity of certifications issued by mayors, on the legal entity of horizontal real estate managers. Let`s see: for all of the above, the court concludes that the defendant`s standards cannot be considered constitutional, but on the condition that the responsibility they assign to legal representatives and tax auditors emanating from their duties when registering a new appointment does not exceed the temporary and substantial limits. These temporary and substantial restrictions imply that: (i) It is recognized that there is a right to cancel the registration of the appointment of the legal representative or tax auditor on any occasion when they cease for any reason in the performance of their duties. This right includes the corresponding obligation of the respective competent social authorities to create the replacement and register the new appointment. (ii) When appointing the replacement and registering the new appointment, the legal provisions must first be complied with.
(iii) Unless the statutes expressly provide for© a period within which the replacement of the outgoing legal representative or tax auditor must take place, the social authorities responsible for the appointment must submit them within thirty days from the date of withdrawal, expulsion, incapacity for work, death and the end of the©specified period©. or any other circumstance terminating the performance of the duty. Meanwhile, the person who comes to her± will continue to exercise© it with the abundance of inherent responsibilities and©rights. To that conclusion, the Court, applying by analogy the provisions relating to the termination of the employment contract of©indefinite duration contained in Article 47 of the Material Labour Code, gave rise to the status of Article 5 of Decree-Law 2351 of 1956 (iv) after the previous mandate, without the competent social authority©having appointed and registered the appointment of a new legal representative or a new tax inspector, The legal liability of the person who no longer performs these functions, including criminal liability, ends. However, for the purposes of the aforementioned exemptions from liability, the legal representative or outgoing tax controller must inform the relevant Chamber of Commerce so that this information can be included in the certificate of existence and the corresponding legal representation to the Company. (v) If, after the expiry of the thirty-day period and the notification of the person concerned to the Chamber of Commerce of the reason for his resignation, and the new appointment of©the person who will replace the outgoing legal representative or tax inspector is registered, the latter will continue to be entered as such in the Commercial Register, but only for procedural purposes, judicial or administrative, without prejudice to the actions that may be brought against the company for the damage that this situation may cause. (vi) Notwithstanding the foregoing, the absence of publicity of the cause leading to the termination of the legal representation or the tax controller will not be enforceable against third parties the act or fact to which the legal representative or the tax controller registered as such will continue to respond for all legal purposes. Administrators and legal representatives of the properties. · First, if the director continues to perform his function, it is presumed (on the basis of the certificate of personerãa) that she remains the legal representative of the company (and it is the one who is interested in proving the contrary, who should do so by proving the contrary, that is, that another person has been appointed to replace the previous director, who should have accepted the appointment to take office). To resolve this situation, the national government, by Decree 491 of 18 March 2020, ordered the extension of the validity of the certificates for the duration of the health emergency declared by the Ministry of Health and another month. · On the other hand, the absence of updating of the certificate of personerãa (either because this update is up to date, or simply because the update process has not even been promoted) does not affect the validity of the legal acts or contracts concluded in the Interregnum, for which it is appropriate that the Administrator, as the legal representative of the co-ownership, the fact of the new appointment (provision of appropriate minutes of meetings) and the initiation of the update process (to prove that the failure to update the certificate is due to reasons©not attributable to the latter) to accredit its contractual counterpart.
That is how we should proceed. You no longer need to read and examine so much legal information and concepts that come to you in different ways and that you no longer remember where you saw it. Now, in one place, our web portal provides you with the full text of all the regulations adopted, which will continue to be dictated at the national level and in the different cities, in order to take measures to reduce the infection with Covid-19 and to deal with the health emergency that directly affects horizontal ownership. But we give you not only the texts of the standards, but also their most detailed analysis, through new notes or free lectures of our specialists, on the latest topics for the P.H. If you receive the No record found option, you can start registering the property by selecting the Save Property button. Issue peace and security in front of the accounts with the management of the property. This should be done whenever the owner or owner of a particular domain resource is changed. With regard to the certification of the existence and legal representation of the legal person, article 8 of Law 675 of 2001 provides that such registration and subsequent certification correspond to the municipal or district mayor of the location of the building or complex or to the person or entity to whom this power is © delegated.