The Role of the Administrator in Horizontal Property
The new regulations governing Horizontal Property define the Administrator as the natural or legal person who, under the supervision and coordination of the Board of Directors, manages the common property, incorporated into the Horizontal Property Regime.
Therefore, the Administrator becomes one of the main parties involved in a Horizontal Property, having a role of great importance, which is why he/she is required to have a managerial profile, with knowledge in human resources and labor regime, conflict resolution, accounting and management of the horizontal property law and related matters.
The Board of Directors is responsible for the selection and appointment of the Administrator, which shall be made by the favorable vote of the simple majority of the directors. This appointment must be registered in the Public Registry. If the Administrator is a legal entity, the respective legal representative or whoever exercises such functions, shall designate the (natural) person who will represent it in the administration functions.
On the other hand, in the event that H.P. has less than twenty real estate units, the appointment of an administrator may be dispensed with, and this function shall be carried out by one of the officers by agreement or decision of the Board of Directors.
The Administrator is responsible for the management, administration, handling of finances, maintenance, and conservation of the common assets of the Horizontal Property, who must also ensure the harmonious and peaceful coexistence of the co-owners, in coordination with the Board of Directors, in compliance with all the guidelines of the Horizontal Property Law and the Co-Ownership Regulations.
The Administrator becomes the connection between the owners, residents, the Board of Directors and in context with the Horizontal Property, who must mediate any communication that may arise in order to avoid possible conflicts between the parties, or even mediate in the conflicts that may arise, trying to resolve them in the best possible terms.
The administrator shall have the obligations vested upon him/her by this Law, its regulations, those granted to him/her by the Coownership Regulations, the Owners’ Assembly and the Board of Directors, as well as those developed in Article 93 of Law No. 284 of February 14, 2022.
In view of the foregoing, we can emphasize that the Administrator plays a very representative and important role within the operation of the horizontal properties, since the conservation and good maintenance of the assets and common areas that guarantee the peaceful coexistence and enjoyment of the co-owners depends on his/her performance. Therefore, it is necessary that the Administrator has the managerial profile, with high capacities and has a staff in charge with vast knowledge for the good performance, which will have an impact on an efficient administration.
