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Apartment Rental Consortiums: how to choose a new building manager and ensure a successful transfer - Infobae

BuySellBA

Administrator
Consortiums: how to choose a new building manager and ensure a successful transfer - Infobae
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July 26, 2024

The ideal is to find a new professional and for the change to be as transparent and orderly as possible. The main issues to consider



By Jose Luis Cieri

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graphs, accounts, calculate, expenses, salary, liquidation, analysis, company, business (Illustrative Image Infobae)

Choosing a new building manager is crucial to the smooth running and harmony of a building. Buildings may need a new professional due to dissatisfaction with the current manager, transparency issues, lack of communication, or regulatory changes that require updated skills.



Once the new administrator has been selected, it is essential to carry out an orderly and transparent transfer of management. With proper planning and a focus on transparency, a successful change of management can be achieved that benefits all inhabitants of the consortium.

Choice

To choose a new administrator, it is essential to verify that he or she is registered and licensed under the corresponding jurisdiction (CABA, Greater Buenos Aires, GBA, or Neuquén). Knowing the fees, experience, team, and work methodology of the candidate is essential.



“Changing administrators is a complex process, but if the necessary precautions are taken and an organized procedure is followed, a smooth and beneficial transition can be achieved. Technology is a great help in integrating the management and information of the consortium, which ensures a smooth and timely transfer,” Albano Laiuppa , director of ConsorcioAbierto, told Infobae.



In addition, it is advisable to ask for references, visit other buildings, check backgrounds, ask for a detailed quote and read the contract carefully.


The fundamental pillars for a good administrator must be transparency : in financial management, communication when dealing with complaints and monitoring that arrangements are made in a timely manner; and common sense: it is vital to know when to act in emergencies and when to call a meeting, for example. The meeting must clarify how much money the administrator can have available and must be called if that amount is exceeded. Ideally, the administrator should live close to the consortium and have a good online reputation.



David Loisi , president of the Horizontal Property Consortium League Foundation, warned that “another point to consider is the number of consortia that the new administrator candidate manages. Mega administrations can lose immediacy, since they delegate management to third parties, which causes delays in the resolution of claims. A trial period is important to ensure that the candidate meets expectations, calling an assembly within 3 to 6 months to renew or not the mandate.”

Obligations of the outgoing administrator

The Civil and Commercial Code, in its Article 2067, establishes the obligations of the outgoing administrator upon ceasing his or her position.

Laiuppa added: “These include handing over to the board of owners the funds and assets of the consortium, the books and documents (such as minutes, accounting and salary records), and rendering documented accounts of its management. This accountability must detail income, expenses and corresponding receipts.”

Documents to be submitted by the consortium

It is vital that both parties, the outgoing and incoming administrator, work together to resolve any concerns or irregularities, ensuring a smooth transition.


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It is advisable that the meeting clarify how much money the administrator can have available and that, if this amount is exceeded, a new meeting must be called.

The outgoing administrator must submit the consortium documentation, which is detailed below:

  • Horizontal Property Regulations : the original, if you have it.
  • Insurance : building insurance policies, ART insurance, mandatory life insurance and other current policies.
  • Staff documentation : pay slips, signed by the manager.
  • Trial files , with all corresponding documentation.
  • Contracts and retentions to suppliers
  • Original plans of the building
  • Other documents : technical reports, internal regulations and others

You must also provide a list of current existing assets :

● Report of bank accounts and their balances.

● Checks to deposit.

● Petty cash, indicating who has it.

● Reserve fund.

● Fixed-term certificates.

● Safe deposit box data and key.

● List of defaulters.

● Reports on other credits (rentals, contracts).

● Inventory of assets in use.

● Expense payment or mediation agreements.

Delivery term

The information must be provided to the board of owners or the new administrator within 15 working days after the termination of the position. If this is not done, a meeting may be called to report the situation and request instructions for taking legal action.

“Once the new administrator has been selected, an orderly handover is essential. Using a management system centralises all the information about the consortium,” said Laiuppa.


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Expenses have risen by almost 88% so far this year, and the role of the administrator is key to maintaining a healthy financial economy of the consortium (Freepik)

It is also important to inform all co-owners about the change and provide them with the contact information of the new administrator, especially at a time when expenses continue to rise sharply and already average $175,000 per month in CABA .

More recommendations

The outgoing administrator must render adequately documented accounts and hand over all the consortium's documentation.

Loisi pointed out that it is essential that two originals of the inventory of the documentation submitted be signed in order to guarantee transparency and avoid future problems.

Mandatory books, permits, contracts and all passwords must be handed over to the new administrator. “In case of refusal to hand over the documentation, a letter must be sent and a criminal complaint for unlawful retention must be considered,” added Loisi.

For owners and tenants

Getting involved in meetings, keeping track of expenses and demanding to see receipts are essential for both landlords and tenants.

The main advice is to attend the meetings, not to be carried away by the numbers alone, and to check the receipts.

“There should be an impartial council of owners to evaluate budgets. In the case of tenants, request a power of attorney from the owner to attend meetings when issues affecting the amount of ordinary expenses are discussed. It would also be positive for tenants to negotiate a clause in their rental contracts that specifies which expenses they will be responsible for and which they will not,” concluded Loisi.


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