26/2020 Law decree on extraordinary mesuares on health

The state of alarm ended on June 21. On 24 June, the Decree Law 26/2020 on extraordinary measures in health and administrative matters of the Generalitat of Catalonia came into force. This provision has regulated how these face-to-face meetings must be conducted.

We would like to remind you that until 21 June, these meetings were not allowed. By DECREE LAW 10/2020, of 27 March, which established new extraordinary measures to address the health, economic and social impact of the COVID-19.  

In accordance with Article 10 of Decree-Law 26/2020, Article 4.4 of Decree-Law 10/2020 of 27 March is redrafted. This regulation establishes a series of provisions regarding the Meetings of owners in the communities under the horizontal property regime subject to Catalan civil law, measures which are declared to be in force from 21 June 2020: 

1. The obligation and hold Property Owners' Meetings is suspended until 30 April 2021. 

2. The community is granted the possibility of holding these meetings: at the request of the Presidency or at the request of at least 20% of the owners with voting rights, representing 20% of the quotas, from 22 June 2020 until 30 April 2021, taking into account their circumstances and having to comply with the corresponding security measures at these meetings. In this sense we illustrate the article with the current anti-Covid-19 precautions.

3.- Telematic means are encouraged to hold Meetings: by videoconference or other means of communication provided that the identity of those attending, the continuity of communication and the possibility of intervening in the deliberations and the casting of votes are guaranteed. 

As long as the next Ordinary Meeting is not called and held, resolutions may continue to be adopted: without a meeting at the request of the Chairman and in compliance with the following requirements (art. 312-7 of the CCCat): 

Voting by postal mail, telematic communication or any other means that guarantees the right to information and to vote.

In any case, the receipt of the vote must be recorded and its authenticity guaranteed. 

The last annual budget approved shall be understood to be extended until the next Ordinary Meeting is held: it shall proceed to approve the previous accounts and renew the positions as any Ordinary Meeting, in accordance with the art. 553-15 of the CCCat. 

From Finques Feliu, we are pleased that the Civil Code of Catalonia has made a firm commitment to new technologies.  Furthermore, following the interpretative analysis of the Association of Property Administrators of Barcelona and Lleida, we have provided our administrators with the necessary elements to hold this type of meeting in those Communities that are interested.

However, we assume that not everyone is familiar with the new technologies and, as far as the current regulations allow, the possibility of adopting agreements without a meeting is also admitted. All at the request of the person chairing the meeting, and meeting the requirements established in Article 312-7 of the Catalan Civil Code, i.e.: "by voting by post, 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 votes validly cast.

An additional possibility of action, when the matter is urgent, is that the President, as the legal representative of the Community, can act in this capacity, although subsequently his management will have to be ratified by the Meeting, our administrators will advise them on this type of procedure.

Finally, we would like to emphasize that the meeting in person - to be avoided if it is not necessary - must always be carried out in full compliance with health and safety measures.

Thus, in the event that a hall does not have enough space to hold a meeting with these security measures, the Community must find a suitable space (room rental, administrator's office,...).

Finques Feliu on your side.