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How to change a supplier in a Condominium? Condominiums for right direction

A condominium receives a variety of services and goods that are backed by contracts, whether they exist as a written document or not, and it is very important to know how to properly terminate these contracts. In a row will see some elements applicable to non-work contracts.

Written contracts

If you took the precaution of having a written contract should be made to him in detail. You may have a termination clause with a date that can be used. If this clause does not exist, can there possibly other early termination which usually involves a period of notice, which may be omitted if you pay the cost of service during that period. If there is no such clause will have to analyze the reasons for termination, because if it is simple interest Condo change must negotiate a suitable provider, not to mention that although it may have in their the financial plans of the condominium without a contract intended purpose, it is also inappropriate for a provider to continue with a client who does not want, and will negotiate a period of normal output. This period may be similar to the output termination of labor contracts is fifteen days if the provider has more than one semester provide the service and one month if you exceed that period.

course, if the motivation is that there have been failures, they must negotiate a way out, and if it is necessary to establish financial responsibility for these failures, if not determined consequences (such as fines) in the contract.

This termination should be documented in the same manner as was done at the beginning, through a settlement of the contract, closing all outstanding account, and hold harmless each other.

Verbal agreements

In any case we can assume that there is a contract. There is from the moment someone (supplier) agreed with other (government) service (thing) and an amount to pay for it (price). What there is poor documentation of the conditions of service, but also at this point, this does not mean that conditions are indeterminate.

The first thing to do is to document (with what you have) the conditions under which the service has been provided until now. After that document what has been the reaction to dysfunctional (not currently call failures yet) and third, to document the payments. Additionally it is important to get knowledgeable sources, what are the usual conditions involving the service and legal requirements. These latter are very important because their absence if they are configured a breach legal obligations are hereby incorporated into any contract, written or not.

With those resources and documents will have a great arsenal of tools and options trading, as it will be very different negotiating an early exit with a company that has complied with the law, so usual in this type of service and with an impeccable record of service, do it with one that is not in that condition.

course, if the company fails to comply with the law, with common practice and has been dysfunctional, but never received any call attention to it or if there was no evidence of this, the bargaining position is weakened and will be a wake-up call to self-criticism and improvement of administrative processes or control signal that occupies more resources to monitor the supplier.

As in the case of a written contract, although in this case the contract is verbal, if we have already seen the problems that the absence of written contract causes us, is mandatory the lesson to make a written termination (settlement)

negotiate in any case an early termination of a service, goes to prepare for the absence of suppliers as well as could be concluded early, after a process of negotiation, either may be that the provider accepts the completion and running in less than 24 hours.

So the question, rather than how to finish a contract, is: Is the condo ready to terminate this contract and, today, if they happen?

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In Condominium sometimes create situations that pit one or more owners with problems that can drag on for years and will soon permeate the very form of conduct of the owners involved, and those who sympathize with some of the positions.

The problem usually has a visible face can be a constructive possible unauthorized modification (affecting facades, for example) or may be the interference of certain agreements, even to meet in court for years.

The dark side is what is causing the conflict. Not necessarily the discussion of the facade is changed such, but the base could be neglected of their duties to authorize the amendment by the Administration or it was absent, and everyone started doing what he thought best. Likewise, the opposition to a given agreement to have originated in an application of the Regulation to be perceived unfair in the past, and was sowing discord and blossomed into a million-dollar lawsuit that no one will benefit.

To resolve these problems, the Condo must use a dual strategy: closing the past properly, and correct this so that in future such situations do not recur. In both the Condominium Act and the Regulations of the Condominium are the best tool.

Closing the past.

To close problems long life must go through a process that requires a lot of leadership (constitution of authority) and patience (no switches). The time often consolidates certain situations and all involved must understand that many facts can not be eliminated but should simply be closed without causing disputes in the process.

The steps are:

Achieving an administrative authority in high regard and high credibility. Spread

Regulation and achieve consensus which is binding in its entirety. If there are gray areas of legal interpretation should be clarified in this process.

a strategy should be agreed between all parties in relation to all breaches of regulation exist to find the best way, within the Regulations, to resolve them. Can never move forward if only one of them or if the treatment is uneven.

should be established with a high consensus final and final action to take (to be perfectly legal), those responsible for their execution and compliance schedule.

should be closely monitored, a compliance report and a final closure of the issue. The legal disputes are not usually the cause of conflict, but its consequence and are rarely a solution.

Building the Future

With the lessons learned from this process will certainly be very easy to know what to do at this point, but given that the strategy should be parallel, we recommend the following measures:

The regulation should be a constant element of the Condominium living. All activities and behaviors should go through that screen and must be felt that the regulation is the only definitive source of permanent authority in all areas that Article 33 of the Act allows.

The Administration should comply fully with the implementation of the regulation but also the duties to it by the Article 30 of the Condominium Act as to the care and supervision of the commons, the execution of agreements, charging fees plus those specifically indicate the Condominium Regulations.

Democratic participation in the Assemblies of homeowners is very important and need to motivate their participation or at least its representation by means of power. Must likewise encouraged the creation of committees and boards in support of the Administration for creating solutions for the Condominium.

accountability of each stakeholder is vital to build confidence and to be able, once accepted the accounts rendered, to close chapters for the following generations.

As is easy to see, if today the building is one where the rules are rarely used or unknown where the Authority is not fulfilling its duties, in which the assemblies are of low participation or of little use, or where accountability is absent or weak is on track to create disputes and disagreements which will be the long-term problems and complex to be solve the homeowners of the future, which could be your neighbors or your children.