Question About Proving There Was A Quorum

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jimmythegreek

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Dec 4, 2008
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At a recent general assembly meeting for an apartment complex? I received a copy of the 'Acta de Asamblea', but it only states that there was a quorum. It does not specify the actual property owners in attendance and whether the required 51% of units-owners were present and accounted for at the meeting.

Is there another document that details the evidence of a quorum at these meetings outside the 'Acta de Asamblea'-Meeting Minutes?

Thank you for answering my question.
 
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oriole100

Bronze
Oct 9, 2005
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You can ask for a list of owners present and proxies. If you know someone at the meeting just ask them. The HOA has to keep a resord in the min. book.
 
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Tashi Siu's Dad

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Jan 7, 2016
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This is a quote from a previous answer from the Guzman Ariza practice that moderates this forum:

Art. 12 of Condominium Law No. 5038 establishes a double majority rule for amendments of Condo Rules, as follows:

a. 3/4 of the Condominium's registered votes (not just those represented in any given homeowner's assembly meeting).
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b. approval by the majority of the condo owners.

i.e., in a 100-unit condo association where each unit is represented by 1 vote; 75 of the units are owned by developer and the rest by single owners, you would need:

a. the developer's 75 votes.
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B. approval from 14 of the total 26 individual condo unit owners, which may or may not include developer (counted as 1 owner out of the 26).
 
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zoomzx11

Gold
Jan 21, 2006
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Jimmy, you sure you want to go here. Sounds like you are heading into deep waters, dude. Lawyers, condo laws, Dominican and foreign owners and you somewhere in the middle. Would scare me to death but good luck if you go on and let us know how you do. best of luck
 
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jimmythegreek

Bronze
Dec 4, 2008
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zoomzx11 said:
Jimmy, you sure you want to go here. Sounds like you are heading into deep waters, dude. Lawyers, condo laws, Dominican and foreign owners and you somewhere in the middle. Would scare me to death but good luck if you go on and let us know how you do. best of luck
Click to expand...

I would be more fearful, if I were an Administrator and/or Council Member acting outside the Regulations.
 
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wrecksum

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Sep 27, 2010
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jimmythegreek said:
At a recent general assembly meeting for an apartment complex? I received a copy of the 'Acta de Asamblea', but it only states that there was a quorum. It does not specify the actual property owners in attendance and whether the required 51% of units-owners were present and accounted for at the meeting.

Is there another document that details the evidence of a quorum at these meetings outside the 'Acta de Asamblea'-Meeting Minutes?

Thank you for answering my question.
Click to expand...

There should be another document with all the names and signatures of those present plus a copy of all the proxy holders and their authorisations.
This should stipulate that a quorum was achieved or not.
The minutes should show who voted how and the result of the vote ,plus the resolutions of the meeting.

Without these documents the meeting would not be valid for action as in the case of a lack of quorum.
 
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jimmythegreek

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Dec 4, 2008
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Fabio J. Guzman said:
Usually, you have a "n?mina de asistencia" with a list of all condo owners. This n?mina is signed by the condo owners present at the meeting or by their proxies.
Click to expand...

Thank you for your response-Yes, I will be requesting this document-The 'Acta de Asamblea' gives no specific details to who the owners or proxies were present at the meeting.

If it was later proven that there was not a quorum, would not the entire meeting be considered null and void?
 
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jimmythegreek

Bronze
Dec 4, 2008
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jimmythegreek said:
Thank you for your response-Yes, I will be requesting this document-The 'Acta de Asamblea' gives no specific details to who the owners or proxies were present at the meeting.

If it was later proven that there was not a quorum, would not the entire meeting be considered null and void?
Click to expand...

Turns out now that the Administrator and Council will not respond to my request for this document to prove that there was actually a quorum at this meeting. Therefore, I gather that since they will not meet my request, then I have no other recourse other than to demand that information from them through legal means.
 
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Tashi Siu's Dad

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Jan 7, 2016
827
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This appears to be a common problem with Condomium Associations here in the D.R. Our's, here in Bavaro, is going through similar issues with the January vote, which was conducted in a shady manner. The acting President of the Assn. used her own personal lawyer as the lawyer representing the Assn. at the meeting, and I believe this was a conflict of interest, as most of the issues benefited her directly.
 
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Criss Colon

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Jan 2, 2002
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yahoomail.com
You can spend all the time and money you want you will not change anything.
Those in charge do so for what they can steal from the assoc.
every PERSON i KNOW IN A CONDO HAS THE SAME COMPLAINTS.

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