Updated
The administrators of residential communities play a pivotal role in ensuring the smooth operation of neighborly interactions and the maintenance of shared living spaces. According to the Horizontal Property Law (LPH), specifically Article 20, administrators are tasked with “ensuring the proper management of the property and its facilities and services, including issuing warnings and notifications to owners.” Their responsibilities extend to preparing budgets, maintaining accounting records, and convening meetings for homeowners.
However, issues may arise when an administrator fails to effectively fulfill these duties, such as refusing to carry out urgent repairs. This situation poses a significant question: what recourse do residents have if the administrator neglects their responsibilities?
The LPH provides clarity, stating one of the fundamental obligations of the administrator is:
- “Attend to the conservation and upkeep of the property, arranging for urgent repairs and measures as necessary, and reporting these to the community president or, if applicable, to the owners.”
In essence, the administrator must guarantee the proper functioning of the building while taking care to maintain its condition. In cases of urgent repairs, the administrator is empowered to act immediately without needing prior consent from the homeowners’ community, showcasing the importance of their proactive responsibilities.
This proactive role is vital in preventing more serious structural issues that could jeopardize safety. Neglecting these duties not only creates dissatisfaction amongst owners but may also result in severe consequences for the administrator .
What happens if the administrator ignores his responsibilities?
Inaction by the administrator that results in additional damage or creates safety risks can expose them to civil liability. In such situations, the community president, acting on behalf of the other residents, can initiate proceedings to rectify the problem.
This process often begins with sending a formal notification to the administrator detailing the observed negligence. Additionally, an extraordinary meeting can be called to discuss whether the administrator’s performance constitutes a breach of duty.
It’s important to note that numerous legal decisions have sided with community associations, establishing that an administrator’s failure to perform their duties can serve as a justifiable reason for termination. Under certain circumstances, residents might even pursue claims for damages resulting from the administrator’s professional negligence.
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