- May 05, 2021
Although from Mileniun Levante we have always been proclaiming that since the end of the first state of alarm last 21th of June 2020, the boards of owners were possible (obviously always respecting legal restrictions regarding the maximum number of assistants, prevention measures, gels, masks, safety distances, etc), we have also been pioneers in holding the so-called mixed, face-to-face and telematic meetings, as well as in the so-called Voting form. The first year that we used it was 2013, which from today is a legal figure protected by a Royal Decree Law, and which allows voting in an assembly through a voting document.
From next 9th of May 2021,the date of entry into force of this RDL, pursuant to Chapter II, some people interpreted that what the Royal Decree Law does is to suspend the meetings of neighbors until next 31st of December 2021, and thus not have to hold them. However, what it establishes is the suspension of the Obligation to hold such meetings. And in case they could not be held, it provides for the extension until at least the date of the budgets, and positions of the boards.
But what comes to regulate and establish is a legal vacuum, and to adapt the Common hold Property Act, from 1960 to the present day, both in terms of communications and participation in the boards, and in terms of the pandemic situation.
For the telematic meetings, it only establishes two very basic requirements
2. In the case provided for in this Article, the owners’ meeting may be held by videoconference or by multiple telephone conference, provided that:
- All owners have the necessary means, which will be checked by the administrator before the meeting.
- The secretary recognizes the identity of the owners attending the meeting and so expresses it in the minutes.
And in addition, in the cases that the urgency and the matter require an important and urgent agreement to be taken and the meeting cannot be held, establish a variant, to which we referred to the Voting form.
3. In the case provided for in this Article, it will also be possible to adopt an agreement without holding a meeting by issuing a vote by post or telematic communication, provided that due guarantees of participation of all owners, identity of the sender and receipt of the communication can be fulfilled.
In any case, the spirit of this RDL is, as far as possible, not to hold face-to-face meetings, hence the possibility of holding it electronically, or where appropriate, by means of a voting document for very specific agreements.
1. Exceptionally, during the mentioned period the Board of Owners may meet at the request of the president or a quarter of the owners, or a number of them representing at least 25 percent of the participation quotas, in case is necessary the adoption of an agreement that cannot be delayed until 31st December 2021. Among the agreements that cannot be delayed are those related to the works, actions and facilities mentioned in article 10.1.b) of Law 49 / 1960, of July 21, on Common Hold Property Act, which does require the agreement of the Board.