Law decree 10/2020: Regulations on owners' meeting

It seems that the State of Alarm now in force in Spain will be lifted on Saturday, May the 9th. Then a 'reversible de-escalation' will begin. By the way, in this link we give hygiene recommendations to avoid contagion. 

Today, we will see how Decree Law 10/2020 of 27 March affects the suspension and the requirements for voting and approval of urgent decisions always under strict conditions of legal certainty.

Thus, article 4 of this Decree-Law refers, within the framework of the "Measures applicable to private-law legal entities subject to the provisions of Catalan civil law" to the Owners' Meetings in the communities subject to the Horizontal Property regime.

As for the Communities of Property Owners, it regulates different aspects:

The Decree Law expressly states that its provisions are understood to be in force from the entry into force of the state of alarm and until it is lifted.

Suspension de jure and de facto of the deadlines for the convening of the Meetings: from 14 March 2020, the date of the declaration of the state of alarm, and its calculation is established from the date of completion of the same or its extensions.

Meetings called should to be held during the 'Alarm state':

a.- Suspension: "The meetings already convened that have to be held during this state of alert remain suspended and must be rescheduled within the month following their lifting. An exception is provided for those called before the publication of the Decree Law: the possibility of holding them by means of videoconference or other means of communication, must assure that four conditions remain guaranteed:  

a) The reliable identification of those attending.

b) The continuity of the communication.

c) The possibility of speak in the deliberations.

d) The casting of the vote (in accordance with the provisions of Article 312-5.2 of the Catalan Civil Code), which we quote below:

'The statutes of legal entities may establish that the bodies may meet by videoconference or other means of communication, provided that the identification of those attending, the continuity of communication, the possibility of intervening in the deliberations and the casting of the vote are guaranteed. In this case, it is understood that the meeting is held at the place where the person chairing the meeting is located'.

This exception could be applied, whether or not the use of video conferencing or other means of communication is provided for in the Statutes of the corresponding community.  

b.- Adoption of agreements without a meeting The possibility of adopting agreements without a meeting is also admitted, at the request of the person presiding over the Meeting.

These agreements may be adopted by means of voting by postal correspondence, telematic communication or any other means, provided that the rights to information and to vote are guaranteed, that the receipt of the vote is recorded and that the authenticity of the vote is guaranteed (in accordance with the provisions of article 312-7 of the Catalan Civil Code), which is mentioned below:

"The statutes, as an exception to the provisions of Article 312-5, may establish, as the extension they deem appropriate, the possibility of adopting resolutions by casting a vote by means of: postal correspondence, telematic communication or any other means, provided that the rights to information and to vote are guaranteed, that the receipt of the vote is recorded and that its authenticity is guaranteed. It is understood that the resolution is adopted in the place of the domicile of the legal entity and on the date of receipt of the last of the validly cast votes".

Given the exceptional situation, without it being a precedent, the taking of agreements without a meeting could be applied regardless of whether it is foreseen in the Statutes of the corresponding community.

This is the whole content of the decree that we wanted to analyze because it addresses and answers the understandable questions that the sudden irruption of the COVID-19 may have caused among the owners of the estates that we administer.

Anyway, at Feliu, we are in alert for any unforeseen event and, in particular, our administrators are at your disposal for any additional doubt.

'Feliu on your side'