MODEL - ARTICLES OF INCORPORATION AND BY-LAWS CONDOMINIUM

MEETING

ARTICLES OF INCORPORATION AND BYLAWS OF THE CONDOMINIUM

BOARD OF THE BUILDING ________(___) OF THE RESIDENTIAL
COMPLEX EL ARADO OF THE URBANIZATION NUEVA CASARAPA,
GUARENAS, PLAZA AUTONOMOUS MUNICIPALITY OF MIRANDA STATE.
We, _________________________, ___________________________,
________________, _______________________, all of Venezuelan
nationality, of legal age, bearers of identity cards Nº V-____________, V-
______________, V-_____________, V-_____________, respectively, all
acting in our capacity as co-owners of the building number ____________(_)
OF THE CONJUNTO RESIDENCIAL EL ARADO DE LA URBANIZACION
NUEVA CASARAPA, GUARENAS, MUNICIPIO AUTONOMO PLAZA DEL
ESTADO MIRANDA, we declare that the owners of this building in assembly
have decided to constitute the ASOCIACIÓN CIVIL ASSOCIACIÓ N JUNTA
DE CONDOMINIO DEL CONJUNTO RESIDENCIAL EL ARADO DE LA
URBANIZACION NUEVA CASARAPA, which will be governed by the following
clauses, drafted with sufficient amplitude to serve as bylaws and which are as
follows.
CHAPTER I. NAME, PURPOSE, DOMICILE AND DURATION
CLAUSE 1. The Condominium Board shall have the character of a civil
association and shall be called JUNTA DE CONDOMINIO DEL
EDIFICIO________(___) DEL CONJUNTO RESIDENCIAL EL ARADO DE LA
URBANIZACION NUEVA CASARAPA. It shall be a Civil Association and
non-profit organization, it shall have legal personality, its own
independent patrimony and capacity to carry out the acts tending to the
achievement of its objective.
CLAUSE 2. The purpose of the Condominium Board Civil Association will
be to supervise and control the administration of the building for the
conservation and improvement of the services and the physical elements
that make up the building and its common areas, as well as to ensure the
establishment and compliance with the rules of coexistence by the people
who live in the building.
CLAUSE 3. The domicile of the Asociación Civil Junta de Condominio, will
be located in the building number ______(___) OF THE CONJUNTO
RESIDENCIAL EL ARADO OF THE AVENUE SAN MIGUEL IN THE
URBANIZATION NUEVA CASARAPA, GUARENAS, MUNICIPALITY
AUTONOMOUS SQUARE OF THE STATE MIRANDA, POSTAL ZONE 1220,
BOLIVARIAN REPUBLIC OF VENEZUELA.
CLAUSE 4. The duration of the Condominium Board Civil Association
shall be unlimited and the same shall not be extinguished by death,
interdiction, disqualification or separation of any of its members.
CHAPTER II. OF THE ADMINISTRATION
CLAUSE 5. The Condominium Board Civil Association shall be composed
of ______ members. One (1) President, one (1) Vice-President, one (1)
Secretary and three (3) members shall be appointed. The members of the
Condominium Board Civil Association must be co-owners of the building
and if they cease to be so, they shall cease to hold office.
CLAUSE 6. The members of the Condominium Board Civil Association
shall be appointed by the assembly of co-owners and its members shall
serve for a term of one (1) year, and may be reelected. If, for any
circumstance, the term of office has expired and the assembly of co-
owners has not met to elect the new officers, those who are in office shall
continue in office until their successors are elected.
CLAUSE 7. The members of the Civil Association Condominium Board
may be removed at any time when so decided by seventy-five percent
(75%) of the co-owners legally assembled in a co-owners' meeting.
The CONDOMINIUM BOARD CIVIL ASSOCIATION shall meet ordinarily
once a year and extraordinarily when called by the President or whoever
acts in his stead or when requested by the administrator. Minutes shall be
taken of each meeting, which shall be inserted in the book of agreements
of the CONDOMINIUM BOARD CIVIL ASSOCIATION and signed by all the
attendees.
CLAUSE 9. The CONDOMINIUM BOARD CIVIL ASSOCIATION shall validly
meet with the attendance of at least five (5) of its members, provided that
the President or, in his absence, the Vice-President is present, and
decisions shall be made with the favorable vote of the simple majority of
the members present.
CLAUSE 10. The CONDOMINIUM BOARD CIVIL ASSOCIATION shall have
the following powers and duties:
a)Supervisar la gestión del Administrador, b) oír las sugerencias de los
copropietarios de los apartamentos que conforman el edificio y resolver
sobre ellas según lo previsto en la Ley y en el Documento de
Condominio, c) resolver sobre los gastos extraordinarios o imprevistos
de las cosas y servicios generales del edificio, d) dictar reglamentos
generales y particulares para el uso de los bienes comunes del edificio, e)
ejercer todas las funciones de inspeccióe) to exercise all the functions of
inspection, supervision and control of the administration of the building,
and may request from the manager as much information as they deem
necessary, f) in general, to decide on any matter submitted for their
consideration.
CLAUSE 11. It is incumbent upon the President:
a)-Represent the CONDOMINIUM BOARD CIVIL ASSOCIATION before any
entity or official, civil, administrative, judicial or fiscal official, with the
power to resolve and act in all matters necessary and in the interest of the
building community, b) Together with the Vice President, grant or revoke
general and special powers of attorney for representation in the matters
that may be required, c) Subscribe decisions and correspondence of the
CONDOMINIUM BOARD CIVIL ASSOCIATION, d) Call and preside over
meetings of the co-owners and meetings of the co-owners and the
community of the building. c) To sign the decisions and correspondence
of the CONDOMINIUM BOARD CIVIL ASSOCIATION, d) To call and preside
over the co-owners' meetings and the ordinary and extraordinary
meetings of the CONDOMINIUM BOARD CIVIL ASSOCIATIONN CIVIL
JUNTA DE CONDOMINIO, f) To propose to execute and control the budget
of expenses together with the Vice President, g) To authorize the
payments of the amounts due, to sign together with the Vice President the
checks and payment orders, h) To sign with the Vice President the
payment orders, i) To sign with the Vice President the annual accounts of
the Associationi) To supervise jointly with the Vice-president the control
of the income and expenses of the condominium funds, j) All the other
powers and responsibilities assigned to him by the Board of Directors and
the Vice-president, k) To carry out, together with the Vice-president, all the
duties and responsibilities assigned to him by the Board of Directors.j) All
other attributions and responsibilities assigned by the Assembly of Co-
owners and in general, to execute all acts and contracts that are
necessary for the achievement of the purpose of the CONDOMINIUM
BOARD CIVIL ASSOCIATION.
CLAUSE 12. It is the duty of the Vice President:
a)Suplir la ausencia temporal o absoluta del Presidente en sus funciones
ante la ASOCIACIÓN CIVIL JUNTA DE CONDOMINIO y ante la Asamblea
de Copropietarios, b) Velar por la correcta administración de los fondos
de condominio y la movilizaciób) To watch over the correct administration
of the condominium funds and the mobilization of said funds, c) To watch
over, jointly with the President, that the controls relative to the income
and expenditures of the condominium funds are carried out, d) To draw
up, jointly with the President, the management report to be submitted to
the Ordinary Assembly of co-owners, e) To exercise all other powers
granted by the Assembly of Co-owners and to comply with the obligations
required by the Assembly of Co-owners.
PROVISION 13C. The secretary shall be responsible for the secretary:
a) To substitute the temporary or absolute absence of the Vice President
in his functions before the CIVIL ASSOCIATION CONDOMINIUM BOARD
and before the Assembly of co-owners, b) To keep the books of minutes
of co-owners and minutes of meetings of the CIVIL ASSOCIATION
CONDOMINIUM BOARD, c) To keep updated the directory of co-owners
and inhabitants of the building, d) To see that the minutes, books,
documents, consultations, powers of attorney and other documents
necessary for the validity of the meetings of the CIVIL ASSOCIATION
CONDOMINIUM BOARD are kept up to date, e) To keep the minutes of the
meetings of the CIVIL ASSOCIATION CONDOMINIUM BOARD and the
Assembly of co-owners.d) To ensure that the minutes, books, documents,
consultation letters, power of attorney and other documents necessary for
the validity of the Assembly of co-owners and the meetings of the CIVIL
ASSOCIATION CONDOMINIUM BOARD and any other information of
interest, welfare or convenience for the community are kept up to date.
CLAUSE 14. Corresponds to the Members:
a) Make up for the temporary or permanent absences of any member of
the CIVIL ASSOCIATION CONDOMINIUM BOARD, b) Oversee compliance
with the agreements of the CIVIL ASSOCIATION CONDOMINIUM BOARD
and the Assembly of co-owners, c) Participate in the projects and
improvement of the building, d) Carry out any other function entrusted to
it.b) Ensure compliance with the resolutions of the CIVIL ASSOCIATION
CONDOMINIUM BOARD and the Assembly of co-owners, c) Participate in
the projects and improvement of the building, d) Perform any other
function entrusted by the CIVIL ASSOCIATION CONDOMINIUM BOARD or
by the Assembly of co-owners, e) Perform any other function entrusted by
the CIVIL ASSOCIATION CONDOMINIUM BOARD or by the Assembly of
co-owners, f) Perform any other function entrusted by the CIVIL
ASSOCIATION CONDOMINIUM BOARD.
CHAPTER III. EQUITY RESOURCES
CLAUSE 15. The patrimony of the CONDOMINIUM BOARD CIVIL
ASSOCIATION shall be constituted by : a) The assets, rights and
obligations of which it is the owner, b) The reserves agreed upon by the
Assembly of co-owners, either by special contributions of the co-owners
or by the income from operations carried out by the CONDOMINIUM
BOARD CIVIL ASSOCIATION, c) The assets and income from donations,
contributions, subsidies and other liberalities received from natural or
legal persons, public or private, national or international, d) The other
assets and income from donations, contributions, subsidies and other
liberalities received from natural or legal persons, public or private,
national or international, e) The other assets and income of the
CONDOMINIUM BOARD CIVIL ASSOCIATION.c) The goods and income
from donations, contributions, subsidies and other gifts received from
individuals or legal entities, public or private, national or international, d)
The other goods and income received by any other title
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CHAPTER IV. GENERAL PROVISIONS
CLAUSE16. THE CIVIL ASSOCIATION CONDOMINIUM BOARD shall be
governed by this document, by the Condominium Document, by the
instructions and internal regulations that may be issued, by the
provisions of the Venezuelan Civil Code, the Horizontal Property Law and
other applicable laws and regulations of the Bolivarian Republic of
Venezuela-----------------------------------------------------------------------.
CLAUSE 17. Anything not provided for in these Bylaws shall be resolved
by the CIVIL ASSOCIATION CONDOMINIUM BOARD.
------------------------------------------------------------------------------
CLAUSE 18 The present document may be modified whenever the
CONDOMINIUM BOARD CIVIL ASSOCIATION so decides.
CLAUSE 19 For the first period of management of the CONDOMINIUM
BOARD CIVIL ASSOCIATION, the Assembly of Co-Owners appointed the
undersigned by the procedure described below.
On the day_________( ) of___________ of _________, being _______of the
_____________( hour)day and time set for the celebration of theThe
meeting of the Assembly of Co-owners was held according to the notice
posted on the notice board located on the first floor of the building ______
( ) Residential Complex " EL ARADO", which was as follows:
"CONVOCATION" All the co-owners of the Building _____( ) of the
Residential Complex "EL ARADO" located at avenida__________ of the
Urbanización Nueva Casarapa Autonomous Municipality Plaza de
Guarenas, Miranda State, are summoned to an Ordinary General
Assembly to be held on the day ________ ( ) of __________ of ________, at
_______p.m. on the first floor of the building ______( ), of the
aforementioned complex. PUNTO ÚNICO A
TRATAR:---------------------------------------------------------------------------------
 Election of the Condominium Board for the 2012-2013 period. "If there is
no regulatory quorum, a second and last call will be made for the day
_________( ) of ________, at _______p.m., in the same place as the first
call, and decisions will be made with the number of co-owners in
attendance". The notice was also posted at the entrance and on each of
the levels of the building. It is hereby noted that for today's first
convocation _______ ______ of ________ of ______, at _______p.m. the
quorum was reached, since two thirds (2/3) of the twenty (20) apartments
that make up the Building ________( ) were present, therefore, the
Assembly is declared validly constituted. By Unanimity, the following
citizen was appointed: ______________________, to submit the items to
be discussed: Beginning of the agenda, he read the call and the purpose
of the Assembly of Co-Owners: ELECTION OF THE CONDOMINIUM
BOARD OF THE BUILDING __________DEL CONJUNTO RESIDENCIAL EL
ARADOFOR THE PERIOD 2012-2014. He then invited the attendees to
propose the candidates to form the Condominium Board, being
nominated: _________________________, for the position of President;
___________________________, for the position of Vice President;
____________________________ for the position of Secretary;
_________________________________ for the position of First Vocal;
________________________ for the position of Second Vocal;
_________________________ for the position of Third Vocal. Each of the
nominees was then asked if they accepted the nomination and each
stated aloud to the assembly their desire to accept. Once the nomination
was completed, the voting was open, and upon mentioning the name of
each nominee, the attendees who agreed raised their hands, the votes for
each position were counted and the following were unanimously elected:
PRESIDENT: ______________________; VICE PRESIDENT:
________________________________; SECRETARY:
___________________; FIRST VOCAL: __________________; SECOND
VOCAL: ____________________; THIRD VOCAL: ___________________. It
was then submitted to the consideration of the Assembly to delegate to
the elected Board the Transcription and Signing of these minutes in the
Assembly book on behalf of the attending co-owners and the drafting of
the coexistence rules, which was unanimously approved. Finally, the
following citizen was authorized: ________________________,
Venezuelan, of legal age, of this domicile and holder of Identity Card Nº ,
to carry out the formalities of notarization and registration of these
minutes which, being the first to be notarized, shall serve as the
constitutive act of the Condominium Board, hereinafter called:
ASSOCIACION CIVIL JUNTA DE CONDOMINIO DEL EDIFICIO DEL
CONJUNTO RESIDENCIAL EL ARADO. At 11:00 a.m. and there being no
further business to discuss, the Assembly was adjourned, these minutes
were read and signed by the members of the Condominium Board as
follows:-----------------------------

First and last name Cedula No. Cargo Signature

Attendance list with the signature of all those present is
attached------------------------------------.
Published by Asociación Civil ARADO - Urb. New Casarapa at 14:21
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2 comments:

1.

Jhonny197928 November 2012 18:03

Good afternoon, please clarify a doubt in relation to the model above

attached, it is as follows:
In the building where I live, they have never made such constitutive act
and statute, they have been elected, but not in compliance with the
provisions of the LPH. Now, as a law student I have researched and
studied the subject of horizontal property and condominium, and
proposed the election of a new condominium board which must comply
with all that is established in the aforementioned law and condominium
document, and I took as a model the aforementioned minutes. My
question is, is it valid to notarize these minutes and is it valid to do it now
even though the other condominium meetings never did it? thank you.

ReplyDelete

2.

Rocilis Gil12 December 2012 08:38

Good morning I am a lawyer and I have never made a condominium

deed and I need to know what are the steps to follow and how long it
takes.

ReplyDelete

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