Notes on the board of owners, their acephalia and ways of solution in the Peruvian legal system

Abstract

This work intends to analyze the problem of the «acephalia» or lack of executives with existing powers of the Board of owners in the legal system Peruvian; instance that brings together all the owners of exclusive domain sections aims at the conservation and maintenance of the building and, consequently, represents said collective and helds contracts and assumes obligations on its behalf, although it does not recognize its legal personality.  In that sense, the Board of owners requires a President or Board of Directors with applicable powers that assume its management or administration (internally) and representation (externally), which doesn’t generally occur in practice, so their regularization is needed for the purpose of ensuring the proper call to the Board; at this point the following will take place: i) subject entitled to convene in the regularization of the special property regime. ii) legitimate subject to convene in the election of the first President of the Board of owners. iii) entitled subject to convene in the event of impossibility of the President with the existing mandate. iv) legitimization of the late President registered with expired mandate.