Note To Owners: The Board Of Directors Of The Neighborhood Can Be Removed By Justice

2021-02-12   |   by CusiGO

The ban on meetings of more than six people imposed by health authorities to curb the third wave of coronavirus has particularly affected communities in neighboring countries that have been paralyzed for almost a year due to continuous aforo restrictions. Some owners have decided to overcome the hurdles by celebrating with zoom, WhatsApp and other similar applications. Now, these online gatherings may eventually be revoked by justice, and as a result, important measures such as installing elevators or taking back unpaid receipts may be taken.

The neighborhood community must hold a shareholders’ meeting at least once a year to approve the accounts, renew the fees and deal with matters requiring the consent of the owner: project leakage, legal proceedings against the defaulter, etc. The current “horizontal ownership law” does not provide that these problems can be dealt with by remote information processing. In particular, the rules provide that the owner shall attend the meeting in person and delegate the right to vote to a third party in any case. Nothing more.

These strict legal requirements, together with restrictions related to alarm status, can serve as a legal basis for calling for the cancellation of any informal meetings held in the past 11 months, experts said Whether in person or through the Internet, the minutes are controversial because there is no legal coverage in any case, “warns lojo, a real estate legal expert.

In particular, if the owners decide to have physical contact with any of them, they may argue that the necessary safety measures have not been taken and, therefore, the conditions are not optimal at the time of the notice. However, in addition, if the meeting is held by videophone to prevent infectious diseases, they have the right to oppose any voting in this way, because it is a formula not explicitly stipulated in the current legislation. This is the real hotbed of neighborhood disputes, including the digital divide, legal certainty and lifelong resentment.

Catalonia is the first autonomous region to legally recognize the effectiveness of an online board of directors. The General Council of farm management has asked the government to promote similar reforms in other parts of the state, but this initiative has not been successful. ” Legislative inaction is shocking, and it’s causing serious conflicts every day, “Fuentes loho said

One of the main problems caused by the lack of regulation adapted to the current epidemic situation is the rising default rate. In order to be able to claim against the defaulting neighbours, they must be placed on the list of debtors; they must then be warned to meet their obligations, and if they eventually fail to do so within a reasonable time, they must vote to authorize the chairman or (if not) the administrator to take legal action. However, all these decisions must be made on the basis of the general assembly and the majority, which is impossible today.

Because of the legal uncertainty surrounding neighborhood committees, many communities have indefinitely delayed their complaints for fear that they might be on paper. ” We are concerned that these applications will eventually be rejected by the judge, and we will also be sentenced to pay fees, “said Miguel Jimenez, a lawyer representing the interests of some of them.

For himenez, it is clear that this impasse is killing a sector that flows hundreds of millions of euros a year and relies directly on thousands of direct jobs. Fortunately, the vast majority of homeowners are fulfilling their obligations, he said, but he acknowledged that overdue payments are increasing In Erte or all of its unemployed members, it is logical that the priority of some families is not to pay dues, but there are also some families who do not pay dues because they are unwilling. ”

However, in some buildings, there is a shortage of funds to pay for common expenses. That’s what Rosa g ó mez, President of an eight story community in Madrid’s Vallecas District, said. It’s reported that last year there was only one tramp on the block, but in the past 11 months, three more have joined the block, and if they continue to do so, they will soon turn red. ” Interestingly, some people rent apartments for more than 700 euros, “she said angrily.

Rosa recalled that two years ago, all the neighbors agreed to transform the opposite, but they had not given the green light for the corresponding spillage, so the reform had to wait. This is another consequence of the paralysis of neighborhood relations: the deterioration of buildings. ‘it’s a very common thing, but it’s also dangerous, because the community is responsible for the health of real estate.’ This means that if any personal or property damage is caused by falls, leaks, etc., you are directly responsible. ”

The Act allows very urgent compensation with the permission of the president or the chief executive. However, Jim é Nez explained that this category does not include necessary work such as installing disabled elevators on the entrance stairs. ” “Some owners have liquidity problems, they’ve been waiting for a year, waiting for one of the equipment to be installed, and they hardly go out,” he said.

Despite many disadvantages, some communities operate normally within the legal framework. That’s the idea put forward by farm manager Jos é Mar í a Aguila bonfill, who says he has been holding neighborhood meetings “without big problems.”. The method described is simple: let the owner choose between face-to-face meeting (no more than 6 people), telematics meeting (as long as everyone has a connection) or completing a type of test (statement in hand).

Aguila bonfill stressed that this system enables the community he manages to “do nothing and resolve many conflicts”, but pointed out that if an agreement is not possible, there is always an option to postpone the most difficult issues to a more favorable time, which should normally be dealt with at the general assembly. ” In fact, a recent decree allows it to be postponed until December 2021, “he stressed.

Jim é Nez praised some professionals for finding “a way out of trouble”, but stressed that not all problems can be solved by consensus, let alone “in a period of social unrest like today”. In that regard, he hoped that the legislation would be amended as soon as possible so that the telematics committee would no longer be an informal meeting but a real meeting, including all legal meetings.