The Official State Gazette of May 5 includes a regulation relating to owners’ meetings following the state of alarm. The main change is the extension of budgets and offices and the possibility of using videoconference meetings for exceptional meetings.
The Official State Gazette has finally been published which establishes how communities should act following the state of alarm. Here is a link to the official text, but at Mediterráneo we have picked out the important parts for you, using questions to make it easier to understand:
Índice de contenidos
- 1 Is it obligatory to hold the annual owners’ meeting?
- 2 And what about community accounts? And the governing bodies?
- 3 So, we can’t hold meetings under any circumstances?
- 4 How is this meeting called?
- 5 With the measures that are currently in place meetings cannot take place in person. Are there any alternatives?
- 6 Is there any way of making a decision without having to hold a meeting?
- 7 What about in-person meetings?
Is it obligatory to hold the annual owners’ meeting?
No, the requirement to hold the meeting has been moved back to December 31, 2021.
And what about community accounts? And the governing bodies?
Decisions and resolutions taken at the last meeting are extended. The budget and offices of the community remain valid until the next meeting.
So, we can’t hold meetings under any circumstances?
Not exactly. If you need a resolution to be adopted before December 31, 2021, you can hold a meeting. For example: work related to accessibility, the limitation of legal proceedings, vacancies of essential offices (chairman, director…)
How is this meeting called?
There are two possibilities:
- The chairman calls it.
- A quarter of the owners or a number of owners representing 25% of the ownership agree to call the meeting.
With the measures that are currently in place meetings cannot take place in person. Are there any alternatives?
Yes, they can be held by videoconference or by conference call. To do this you just have to ensure that all the owners are able to connect to the meeting, that the secretary can recognise them and record their attendance in the minutes.
Is there any way of making a decision without having to hold a meeting?
Yes, resolutions that cannot be delayed can be made by a postal vote or by telematic communication (email, mediterráneo app, etc…) Just like with the videoconferences, you must be able to ensure that all the owners can participate, and that the votes are received and identified.
What about in-person meetings?
They can be held under the same circumstances as the videoconferences, i.e. in order to pass resolutions that cannot be delayed. If in-person meetings are held you have to ensure that the safety measures that are applicable at the time are observed.
All these measures will apply from May 9, 2021 until December 31, 2021.