LAW DECREE No. 551/10 - OFFICIAL GAZETTE City Gazette Buenos Aires No. 3464
June 20, 2010
Decree N º 551/10
Buenos Aires, July 13, 2010
SEEN:
Laws No. 941 and its amendments No. 3254 and 3291, Laws Nos. 757 and 1845, the Decrees No. 706/03 and No. 179/10 and File No. 482.187/10 and
WHEREAS
That Law No. 941 created the Public Register of Condominium Managers Consortium, imposing mandatory registration as a condition for the exercise of the management of consortia and various obligations to administrators, and establishing a system of penalties for breaches of law;
That by Decree No. 706/03 approved the regulations of the Act;
That this statute was amended by Law No. 3254 and 3291, which introduced substantial changes in the rules of origin;
That by Decree No. 179/10 was modified organizational structure of the Cabinet of Ministers, established between primary responsibilities of the Directorate General for Consumer Protection and the "Manage and implement the necessary records to the defense and consumer protection";
That considering the amendments to current system is necessary to enact a new regulation allowing a better application of the statute before us;
it is also necessary to provide the Directorate General for Consumer Protection and the ideal tools for a better performance of its functions, this case those relating to the Public Registry of Property Managers Consortium Horizontal;
That these lines correspond to designate the Department of Defense and Consumer Protection and enforcement authority of Act No. 941, and authorize it to issue additional rules that are required;
Therefore, in exercise of the powers conferred by Articles 102 and 104 of the Constitution of the Autonomous City of Buenos Aires;
THE HEAD OF GOVERNMENT OF THE AUTONOMOUS CITY OF BUENOS AIRES DECREES
Article 1 .- Approval of the Regulation of Law No. 941-text under Law No. 3,254 and 3291-as Annex I which forms an integral part hereof.
Article 2 .- The obligations that arise of amendments to Law No. 941 of Law No. 3,254 must be paid within the deadline, unique and pressing of forty-five (45) days, counting from the date of publication of this in the Official Gazette of the City of Buenos Aires. The make appropriate adjustments must be implemented without fail in the first ordinary meeting, or possibly at a Special Assembly, the first payment of expenses or the first procurement of services, respectively, to be held after the expiry of the period specified in above. That period, shall be applicable to such violations as provided by Chapter IV of the Act that this is regulated.
Article 3 .- The directors who are registered in the Registry prior to the date of enactment of regulations which are hereby approved, shall provide proof within forty-five (45) days of the date your registration in a training course in terms of subsection f) of Article 4 of the Act
Article 4 .- To designate the Department of Defense and Consumer Protection and enforcement authority of Act No. 941-text under Law No. 3,254 and 3291, "is authorized to issue the necessary rules and performing instrumental for better implementation of that legal regime and this regulation.
Article 5 .- This Decree is endorsed by Mr. Chief of Cabinet of Ministers.
Article 6 .- Take the Registry, published in the Official Gazette of the City of Buenos Aires, and for information and other purposes, refer to the Cabinet of Ministers, the Secretary of Citizen Services and the Directorate General of Defense and Consumer Protection. Met filed. MACRI - Rodriguez Larreta
ANNEX I - Decree N º 551/10 - Official Gazette No. 3464
Regulating Law No. 941 (Text under Law No. 3254 and No. 3291)
article 1 .- The Public Registry of Property Managers Consortium Horizontal (the Register) operates within the Defense Department and Consumer Protection.
Article 2 .- It is understood that management is costly when the performance of the administration of a Horizontal Property consortium (the Consortium) is made in exchange for a payment, whether cash or in kind. It is also considered onerous management compensation expense and any compensation for expenses that is not properly supported by documents such as invoices or receipts under current regulations.
administration understands that there is free where performance management is carried out pro bono Consortium.
The enforcement authority may automatically enroll in the registry for those managers whose condition consortium are required to do so, subject to the imposition of appropriate sanctions.
Article 3 .- The voluntary and unpaid administration can only be performed by owners or their agents, who reside or have their principal place of business in the building managed. Power can be executed before a notary public or to the enforcement authority in the manner that they have additional rules dictate that purpose.
Article 4 .- To enroll in the registry, administrators consortium must complete a nomination form as determined by the enforcement authority, which will integrate the personnel file of each registered.
will be binding and binding managers, their performance is costly or free, all notifications to the address set up within the enforcement authority.
The CUIT number must be established by force record, issued by the Federal Administration of Public Revenue (AFIP).
The National Certificate of Recidivism and Criminal Statistics should be submitted only annually. For legal persons must be fulfilled for all those engaged in the representation and administration of the same, according to its bylaws.
The enforcement authority provides, organizes and / or supervised in accordance with the supplementary regulations issued for this purpose, training in management of condominium pools. In all cases, especially value their curriculum, programs, workload and updating. Free volunteers
administrators credit their honorary designation by a certified copy of the Act of Assembly with the requirements of inc. b) the last paragraph of Article 4 of the Act, or by presenting the Book Original records.
Article 5 .- The absence of impediments laid down in Article 5 of the Act is evidenced by the report issued by the Register of Judgments Universal (Article 4, inc. And, of the Act) and the certificates issued by the authority authority, as appropriate, in the form and manner determined by the enforcement authority.
If bankruptcy proceedings, the applicant must certify that they are unable to exercise trade certificate issued by the court intervening. This certification must be filed annually.
The enforcement authority may terminate the registration of any administrator who, by inquiry of its own motion, reporting of joint venturers and / or judicial or administrative report, proves it is reached by a disability.
Article 6 .- The accreditation certificate is issued in the form and manner determined by the enforcement authority.
The accreditation certificate is renewed annually, provided that the administrator meets the affidavit. However, the administrator may require the enforcement authority a record date of the certificate to present at the regular or special meeting to be carried out to consider their appointment.
Article 7 ".- The data refers to the registry can be made at headquarters and in the Department of Management and Participation Community, in the form and manner determined by the enforcement authority and the revenues established by Law No. 1,845, if applicable.
Article 8 .- For the upgrade of the certificate of registration is a prerequisite for the submission of affidavits, in form and conditions established by the competent authority.
A copy of the Act and its regulations should be given to all owners present at the first ordinary meeting to be held after the effective date of these rules, to record the minutes of receipt. If the Consortium so provides, or the express request of the owner concerned, must be delivery in subsequent meetings to the investors absent at that meeting. Article 9 .-
ITEM a) The decisions of the Assembly of Owners must set the lead time required of the administrator.
Subparagraph b) The needs and requirements should be properly raised in Assembly or notified to the Consortium by reliable means. Similarly should be documented by the Assembly rejected for lack of funds or other reasons beyond the administrator. ITEM
c) The presentation of the respective policies and their scope is consistent with what has enforcement authority. ITEM
d) The books in this subparagraph are the management book, a book of minutes of meeting; salaries and wages book, order book, record book signing of co-book lifts and all that book which has enforcement authority. Must be initialed in accordance with current regulations.
When it authorized, the records may be kept in electronic form. ITEM
e) books of Co-Owners Signature Roster must be approved and given the format determined by the enforcement authority. ITEM
f) request is made by the joint venturers, the administrator must give the view of the required documentation within five (5) working days. ITEM
g) For the purposes of this subsection regulatory duty Reporting refers to situations and work performed after the entry into force of this regulation.
The enforcement authority establishes the deadlines and procedures.
The complaint should be reported to the joint venturers in the first Ordinary or Extraordinary. ITEM
h) The first ordinary meeting immediately following the entry into force of this regulation, to appoint the manager or company to renew the mandate, must decide to open the bank account of the Consortium, or the continuity of the existing account .
The account must have the authorized administrator and a member of the Governing Council appointed by Shareholders, if the consortium does not have Board of Directors with the Assembly should appoint a joint venturers as authorized.
authorized administrator and acting together. ITEM
i) The auditor may only be appointed by the Assembly, being the authority delegated. ITEM
j) Schedule of completion of the assembly is contained in the notice of tentative way, may in the very act of beginning defined the valid duration. In any case, may be provided a completion date less than stated in the notice.
If the time set for completion of the assembly of treatment remaining outstanding items on the agenda, there is a recess that can not be over eight (8) calendar days. These are notified of the new date and time with no requirement that the signing of the minutes. ITEM
k) The Administrator may, on reasonable grounds, require a single extension for a maximum period of ten (10) calendar days.
books and documents should be available to the Consortium at the address for the purpose determined by the Assembly that removes, has accepted the resignation or termination of the administrator. ITEM
I) Not regulated. ITEM
m) All documentation relating to the recovery of a favorable ruling to the Consortium, and the corresponding record of the deposit in the bank account of the Partnership, must be available to the joint venturers at the first ordinary meeting or extraordinary meeting held after that. Article 10 .-
ITEM a) The address set forth by the settlement administrator at the expense must match the legal address in the registry at the time of registration or, where appropriate, communicated with the corresponding change of address form.
Subparagraph b) Not regulated.
Subparagraph c) Not regulated. ITEM
d) This requirement can be completed with a copy of the receipt of salary. In case of debt, moratorium and / or other irregular situation regarding the contributions and must be recorded with date, amount, rate or plan number concerned. ITEM
e) must be furnished by copy of invoice number and date thereof or, where appropriate, the detail of it. ITEM
f) Not regulated. ITEM
g) The receipt or invoice must be available to the joint venturers in the Assembly Meeting called for accountability, or whenever required in a reliable way. ITEM
h) Not regulated. ITEM
i) Not regulated.
Article 11 .- In case of breach of any of the requirements of Article 11 of the Act for reasons attributable to the joint venturers not attributable to the manager, it can only demonstrate this situation by act of Assembly. At
purposes of the exception in the last paragraph of the article are hereby regulated, are considered emergency repairs necessary to prevent or remedy a serious risk, or fear of imminent serious damage on property co-owners, occupiers or others, or when a deterioration or breakdown in the building it causes serious damage and repairs should be done immediately to halt the damage.
The presentation of individual insurance policies and their scope is consistent with what has enforcement authority.
Article 12 .- Any data entered in the affidavit is subject to control by the enforcement authority.
Inclusion data, information or false documents, untrue or contrary to applicable law be deemed a breach and liable to make the application of sanctions, without prejudice to any civil or criminal action as appropriate.
Along with the affidavit the administrator must accompany the certificate update Universal Trial Registry, the National Registry of Recidivism and Criminal Statistics, and the approval certificate and / or refresher training course in management of condominium pools. It should also update the address up, and the constancy of CUIT.
Article 13 .- The period for exercise of the Administrator, any it is, begins to run from the date available to the regular or special meeting to appoint him. If the assembly is not established, the period is counted from the date of conclusion thereof.
Before the expiry of the term of office, the administrator must call a meeting to decide on renewal and, if relevant, the period for which will be held. After the period of office, in the absence of assembly terminating the same under the sole responsibility of the administrator, leaving the joint venturers own volition and empowered to find solutions to the situation with a quorum established in the rules of co-ownership or, alternatively, by two-thirds of the owners present, with a minimum quorum.
Article 14 .- Not regulated.
Article 15 .- Not regulated.
Article 16 - Not regulated.
Article 17 .- Not regulated. Article 18 .- Without
regulate.
Article 19 .- Not regulated.
Article 20 .- Not regulated. Article 21 .- Without
regulate.
Article 22 .- Not regulated.
