Representante Legal De Los Consorcios

(a) appoint a representative of the owners, who may be one of them or a foreigner, who is authorized to manage things of general use and to ensure the collection and use of the funds necessary for that purpose. The same effects apply to the application of the arbitration clause. The consortium or temporary syndicate may not be denied the opportunity to promote arbitration or to participate in it through its representative. The consortium of owners is thus constituted as a necessary legal entity whose sole purpose is the management of the property subject to horizontal property rights. Since the status of horizontal asset is legally structured and the purposes for which the legal entity of the consortium is created, its existence is consistent with the system, so there will be a consortium as long as there is horizontal ownership. In this context, horizontal ownership and the consortium of owners are unconditionally linked institutions, since the incorporation of an asset into horizontal ownership status inevitably implies the creation of a consortium of owners. [1] To do this, it is sufficient to check Article 98 of the Commercial Code, which provides in its second paragraph: “After its legal constitution, the company forms a legal person distinct from the partners considered individually.” The contractual capacity expressly granted and recognized to consortia and temporary unions by Law 80 can in no way be understood as exhausted in the field of activity of these organizations. Their impact must be projected onto the procedural domain. Although consortia and temporary groupings do not constitute legal persons different from those constituting the respective majority of tenderers or contractors, the truth is that not only do they have the possibility to participate in the administrative procedure relevant to the selection of contractors, since they have sufficient legal capacity to be holders of the rights and obligations, resulting from the management procedures for the selection of contracts. They also have the right to participate in judicial proceedings that may arise from disputes that may arise from the above-mentioned administrative procedure for the selection of contractors or from the conclusion and enforcement of the respective State treaty – legitimatio ad processum – by their representative. Consortia shall not constitute legal persons and their joint representation shall have as their object the award, conclusion and performance of the contracts concerned. Decision of the Constitutional Court C 414/94.

Although each of the persons or companies that make up a consortium does not change its legal personality, this does not mean that all represent the consortium in its negotiations, on the contrary, it is necessary that the members involved elect a person to represent the consortium in each of the negotiations conducted. In addition, members must indicate the basic rules governing the relationship between them and the legal representative. Judgment of the Council of State. Association. Capacity of consortia and temporary associations. The legal entity of the consortium is necessarily made up of each of the owners of the functional units of the horizontally owned building. However, the consortium differs from those of its members and therefore has its own interests, which in many cases may conflict with the particular interests of its components. With regard to its assets, the Consortium has its own assets, distinct from that of the individual Consorcistas and consisting of the resources provided by each of them through ordinary and extraordinary expenditure, through appropriations for such expenditure and from the Reserve Fund.

The owners are legally (CCyC, Art. 2.048 CCCN) and contractually (by the respective horizontal regulations of the property) obliged to bear the costs of management, maintenance and legal obligations of the property subject to this regime by paying the common expenses. Notwithstanding the foregoing, the consortium may have assets designed to generate revenue and reduce expenses, for example: residential units, street-facing premises, garages and others.