Owners' association
Each condominium owner is a member of the owners' association of the building in question by operation of law. This mandatory membership only ends by transfer of the condominium. The object of the owners' association is described by law, viz.: to protect the common interests of the owners. What are these common interests exactly? In the first place, the preservation and maintenance of the building and the technical installations belonging thereto. So the upkeep of the interior and exterior painting, the roof, the pool installation (if any), the staircases, corridors, elevators, galleries and hall, etc., all this in as far as they are meant for common use.
Structure of the association
The association - just like other associations - has a Board and a members' meeting, the so-called bodies of the association. The meeting of condominium owners (the members' meeting) represents the highest authority in the association because this body appoints and, if necessary, dismisses the Board. So the meeting of owners is understood to be the body of the association as well as the meeting itself. The meeting of owners passes resolutions by absolute majority of the votes cast (half + one), unless the property division regulations stipulate otherwise. For instance, it decides whether the building has to be painted again, and if so, when, and to whom the instructions are given. It also determines the extra contribution for this purpose on that occasion. The meeting has to adopt the budget of expenses for the next financial year and has to attach its approval to the report on the expenses of the past financial year of the association. The meeting decides, if necessary, on replacement of the common installations. Unless explicitly stipulated otherwise in the regulations, the meeting of owners decides on all matters concerning the owners collectively.
Deciding collectively
Collective resolutions are passed in the meeting of owners, at least once a year or as often as is necessary in addition. In this meeting, each owner can address the meeting himself or through a proxy, and cast his vote on the subjects on the agenda and on what else is brought forward in the meeting. How many votes a condominium owner can cast in the meeting is determined by the property division regulations. This contains the core of each owner's authority: he or she can actually participate in resolutions on anything that concerns the condominium building. If he is overruled, and if the majority of the owners (or a majority owner who has many condominiums, on account of which he can cast several votes) has passed another resolution, he can submit the matter to the Court of First Instance of Aruba to be annulled within one month after the date on which the resolution has been passed or on which he has been able to take note of the resolution.
Board
The Board of the association is appointed by the meeting of owners and takes care of the day-to-day course of affairs, manages the funds of the association and supervises repairs, regular maintenance, and the like. You can turn to the Board if there is a leak, in a word, for anything concerning the building and installations. In case of large condominium buildings or condominium complexes, there is also a caretaker in addition to the Board. He is often employed by the meeting of owners, takes care of minor repairs, receives complaints and passes them on to the Board, and moreover, he has several household tasks in the building (and complex). A very important task of the Board is to prepare a budget for the next financial year of the association and to prepare the operating statement of the past financial year.
Based on the budget - a statement showing all expenses to be expected, such as painting, garden maintenance, insurance of the building, and the like - the contribution to the service charges per month (or three months) is fixed for each condominium owner. Each condominium owner is obligated to pay this contribution. The Board sees to the collection and setoff of this contribution.
Dormant association
If the owners' association does not function as it should, "sleeps" so to speak, this can have a negative effect. Very small owners' associations (one house with one upper-story and one lower-story dwelling) often have a dormant existence in Aruba. This can cause lack of clarity as to what belongs to the common areas and what to the private units, so lack of clarity as to who has to pay what. Moreover, a dormant association often does not have a financial reserve or an insurance, with all the consequences attached to it. If a meeting has not taken place anymore for some time, and you find it necessary to move the association into becoming active, you can request the Board to convene the meeting. If there is no Board or it refuses to grant your request, you can try to ask the other owners for a meeting. The property division regulations mostly state the minimum number of owners that can convene a meeting independently. If your co-owners do not want to grant your request, you may ask the Court of First Instance of Aruba to call the annual meeting. In that case, you had better address the Office of the Clerk of the Court.