The holding of owners’ meetings after the state of alarm, which ended on 9 May, is regulated by RDL 8/2021, of 4 May. This law contains a series of urgent measures affecting different areas. However, in this article we will deal exclusively with those relating to Community of Owners’ Meetings.
The holding of owners’ meetings after the state of alarm
The obligation to call and hold the owners’ meeting is suspended until 31 December of this year. As well as to approve the foreseeable income and expenditure plan, the corresponding accounts and the annual budget. The last approved budget, as well as the appointment of the governing bodies of the Community, will be extended even when the legal term or the term established in the statutes has expired.
Exceptionally, the Owners’ Meeting may meet, when it is necessary to adopt resolutions which do not allow for delay and at the request of:
- The president of the community
- A quarter of the owners
- Or a number of these representing at least 25% of the participation quotas.
Among the agreements that cannot be postponed are:
- Those concerning works, actions and installations, which ensure accessibility to common elements for disabled persons or persons over seventy years of age.
- As well as the installation of ramps, lifts or other mechanical and electronic devices that favour orientation or communication with the outside.
How to hold the owners’ meetings after the state of alarm
These meetings may be held by videoconference or by multiple telephone conference, provided that:
- All the owners have the necessary means at their disposal. It is the responsibility of the administrator to check this beforehand.
- And the secretary recognises the identity of the owners attending the meeting and so states in the minutes.
It shall also be possible to adopt resolutions without holding a meeting by means of postal voting or telematic communication. Provided that the due guarantees of participation of all the owners, identity of the sender and receipt of the communication can be complied with.
The president of the community who requests the vote in writing must clearly state in his request the purpose of the vote, the address or addresses authorised for sending the vote, and the deadline for casting the vote (10 calendar days). It is understood that the moment of the start of the meeting is the moment of the request for the vote by the chairman.
Failure to comply with the aforementioned guarantees of participation and identification shall be grounds for challenging the resolutions.
And despite all of the above, the owners’ meeting may be held in person when the security measures applicable at any given time are guaranteed.