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.
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