Is it possible to hold Homeowners’ Meetings with the COVID-19 alarm decree?

The short answer is Yes, respecting the limitation of the number of attendees in force in each Autonomous Community.

The Resolution of October 29, 2020, of the Congress of Deputies authorizes the extension of the state of alarm, declared by Royal Decree 926/2020, to contain the spread of infections caused by SARS-CoV-2 until May 9, 2021.

The Autonomous Communities are responsible for relaxing and suspending the application of measures such as the maximum number of non-cohabiting persons that can be brought together. Since last Monday, January 25, 2021, the most restrictive number is 4 people, in Communities such as Madrid or Andalusia.

Is it possible to hold a Meeting of Owners with only 4 attendees (or less)? Yes, thanks to the delegation of vote.

The Horizontal Property Law does not yet contemplate the celebration of online voting, although it is true that it does not prohibit it, in this we are also late as it is in force in countries such as Germany or Estonia or in the recent Civil Code in Catalonia which also contemplates it. However, the delegation of the vote is a mechanism that this law contemplates, legally valid for the adoption of agreements and that provides a solution to the problem.

Supervecina.com has a free tool to perform safely and legally this online proxy voting process at the following link https://vota.supervecina.com

Steps to hold a meeting of the Community of Owners in the COVID-19 scenario

Convocation of the Community of Owners Meeting

1. 1. The president of the Community will call the meeting, or 25% of the owners request the call or 25% representing at least 25% of the property, in which case it must take place even if the president and/or administrator are against its celebration.
   2. The Horizontal Property Law establishes a minimum notice period of 6 days for ordinary meetings. Extraordinary meetings must be called «as far in advance as possible so that all interested parties are informed».
   3. It is necessary to provide as much information as possible on all the items on the agenda to be discussed. The more prior information, the higher the quality of the decision to be taken by the Community and the lower the risk of defenselessness for absentees or non-participants.
   4. The current limitations on the maximum number of attendees in force in the Autonomous Community where the Community is located and the process for delegating votes must be included in the notice of meeting. If any condominium owner expresses his express opposition to the proxy voting process, since no condominium owner can be forced to delegate his vote
   5. The owners will be asked if, knowing the attendance limitations, they wish to participate in person or by proxy vote, generally in another owner.

Proxy voting process

1. 1. In the event that the number of owners who wish to attend in person exceeds the established limitation, the attendance will be drawn by lot among them, with the maximum number contemplated, including the property manager (if applicable).
   2. The rest of the owners will delegate their vote among the attendees chosen in the draw.
   3. The minimum number of assistants to the meeting is of a person, since the rest of neighbors can delegate the sense of their vote in her, does not exist a limitation in the number of delegations to ostentar for a person in the Law of Horizontal Property, in fact, it is not preceptive that it is an owner or administrator, can be any person correctly identified.
   4. You can carry out the whole process of delegation of vote in the assistants comfortably online from your home at https://vota.supervecina.com

Adoption of agreements

1. Those attending the meeting will address the items on the agenda, expressing the sense of their vote in each one of them and listing the voting delegations that have fallen on their person and the sense of the vote of each one of them.
2. The Manager, the secretary or, failing this, one of those attending the Meeting of Owners, will draw up the minutes with the resolutions according to the number of votes that each proposal has received.
3. The minutes must be accompanied by the different proxy voting documents. Supervecina’s voting delegation tool https://vota.supervecina.com provides this documentation with the added advantage that its integrity can be consulted online.
4. The adopted agreements will be communicated to the rest of the owners attaching the minutes of the meeting with the documents accrediting the vote delegations.

Making life easier for homeowners in Communities of Neighbors

In Supervecina.com we can manage your Community of Owners 100% online in a more agile, more transparent and better way. We make sure that not only the voting process, but also the management of incidents and accounting and legal matters are at your fingertips in the fewest number of clicks, or in a phone call.

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