In recent years, apartments have become the best housing option for thousands of Peruvian families. However, living together in these multifamily homes can become a nightmare if the administration of common spaces is not regulated through the election of the president of the Board of Owners, whose designation must be registered in the Public Records.
Why is it important to elect a chairman of the board of owners?
- Because his appointment will facilitate the decisions that the board wishes to make. For example, new rules of coexistence, approving modifications of common areas, establishing rights and obligations of owners with respect to common areas, etc.
- Because your choice will allow you to seek a solution to the possible conflicts that could arise in the building or condominium, the same that will be recorded in the minutes of the meeting that takes place.
- Because its existence will facilitate the process of collecting the dues of the delinquent owners, since the law grants the president the necessary procedural representation so that, even, he can file the respective lawsuit before the Judicial Power.
What are the requirements to register the president of the board of owners in the Sunarp?
- Notarized copy of the minutes of the Owners' Meeting, which records the agreement adopted with the formalities established in the Internal Regulations.
- Affidavit of having made the call to all owners with registered domain, containing inserts the call made, with certified signature before a notary of the convener or conveners; or, failing that, the charges of the calls sent to all the owners (certified copy or the original charges), or the formality provided for in the Internal Regulations.
- Application for registration of title (free distribution form in offices), which can be submitted by anyone.
- Payment of registration fees: S/. 41.00 soles.
The qualification period is seven (7) business days according to the complexity of the title.
Recommendations:
- It is recommended in advance to review the Internal Regulations of the building in order to verify the issues related to the convocation, quorum, adoption of agreements among other relevant points; if you do not have it, you can make a "reading of the archived title".
- The call for the election of president may be made by the last registered president, even if his term of office is not in force. Otherwise, registered owners who have at least 25% of shares in common areas can be summoned in accordance with their internal regulations.
- What is carried out according to the agenda of the call, must be reflected through a record, which adheres to its Book of Minutes and then must be brought before a notary in order to request a certified copy of said act.
- In case of submitting an affidavit to accredit the call, it must have the signature certified before a notary of the registered president with a valid mandate or of all the registered owners representing 25% of participation in common areas; as the case may be.
- Another way to prove documentaryly that all the registered owners were notified, are the charges of receipt of the validly made call. Whoever receives it must sign the call in accordance (not necessarily the owner, the important thing is that someone receives it). The charge where the summons (summons) and its receipt must be presented to the Public Records.
Remember that the high rate of informality allows those neighbors who incur arrears or delays can take advantage of the absence of a president of the Board of Owners.
As professionals with vast experience in the sector, we recommend hiring a service that takes care of all the administrative functions necessary to maintain coexistence in the best way between the families of a building or condominium.