Legislation: Spain

Real Decreto-ley 8/2021, de 4 de mayo

CAPÍTULO II

Extraordinary measures applicable to the boards of owners of the communities under the horizontal property regime

Article 2. Suspension of obligations and extensions.

1. The obligation to call and hold the owners' meeting in the communities subject to the horizontal property regime will be suspended until December 31, 2021.

2. During the same period, the obligation to approve the foreseeable income and expenses plan, the corresponding accounts and the annual budget is also suspended.

3. During the same period, or until the corresponding meeting is held, the last approved annual budget and the appointments of the governing bodies shall be understood to have been extended, even though the legal term had expired upon the entry into force of this royal decree-law or statutorily established.

Article 3. Possibility of holding meetings.

1. Exceptionally, during said period the board of owners may meet at the request of the president or a quarter of the owners, or a number of them representing at least 25 percent of the participation quotas, if adoption is necessary of an agreement that cannot be delayed until December 31, 2021. Among the agreements that cannot be delayed, those related to the works, actions and facilities mentioned in article 10.1.b) of Law 49/1960, of July 21, on horizontal property, which do require the agreement of the board.

2. In the case provided for in this article, the owners' meeting may be held by videoconference or by multiple telephone conference, provided that:

a) All owners have the necessary means, which will be verified by the administrator in advance of the meeting; Y

b) The secretary recognizes the identity of the owners attending the meeting and so expresses it in the minutes.

The agreement will be understood to have been adopted at the address where the secretary or administrator secretary is located.

3. In the case provided in this article, it will also be possible to adopt an agreement without holding a meeting by casting a vote by postal mail or telematic communication, provided that the due guarantees of participation of all owners, identity of the sender can be met and reception of the communication.

In these cases, the president of the community will request the vote of all the owners by writing that will state the date, the object of the vote, which must be clearly stated, the address or addresses enabled for sending the vote, and the term to issue it, which will be 10 calendar days.

The resolution will be understood to be adopted at the address where the secretary or administrator secretary is located and on the last day of the term established for casting the vote.

For the purposes of article 15.2 of Law 49/1960 it will be understood that the moment of commencement of the meeting is that of the request for the vote by the president.

4. Notwithstanding the provisions of this article, the owners' meeting may be held in person when the security measures applicable at all times are guaranteed.

5. For the purposes of article 18 of Law 49/1960, non-compliance with the guarantees of participation and identification that in it they are established.