17 Nov CAN THE PRESIDENT OF A COMMUNITY OF OWNERS NOT CONVENE THE GENERAL MEETING BECAUSE THERE IS A RISK OF COVID?
We believe he can, even though the deadlines for convening the regular meetings of each year are overdue. And in the absence of the Community in question having approved the possibility of holding video-conference meetings, the following model is recommended to be adopted to communicate it to all the commoners warning that no meeting is convened, thus prior agreements are extended and challenges ex art. 18.1(c) LPH are avoided.
AGREEMENT OF THE PRESIDENT OF THE COMMUNITY OF OWNERS OF…
In… date… of… 2020.
Through this Agreement, the president of the community of owners…. in the exercise that gives him his character as a representative of the community through art. 13.3 LPH and in the exercise of his powers to convene or unconvocate the general meeting ex art. 16.2 LPH board, exercises the function, which follows from Article 16.2 LPH itself, not to call, to the contrary, given the serious social alarm situation caused by COVID 19 and the high risk of contagion that exists, as is being proven lately, by the new growths that are taking place in different parts of the country.
Several owners have informed me about their concern that the board will be held and that they may be infected, and, like others who have asked me to hold the board by adopting the safety measures of mask use and safety distance, in the exercise of my duties as president I must adopt the agreement to suspend this year’s regular board, since we cannot assume, in the comparative pondering of adopting agreements and taking the risk of someone being spread by coronavirus, that there is a serious problem in the health community.
In addition, if the board were convened, it would be clearly challengeable by way of Article 18.1(c) LPH, which states that: ‘The agreements of the Board of Owners shall be challenged in court in accordance with the provisions of general procedural law, in the following cases:…
(c) Where they are seriously detrimental to an owner who has no legal obligation to bear it or has been adopted with abuse of rights.’
It is clear that there is serious harm to the risk of contagion if the board is convened and it is attended and a commoner gets the virus, so the decision to suspend this year’s regular board is suspended and not held until there are health guarantee measures to guarantee the 100% that the risk of contagion has disappeared.
In addition, for those at risk, they cannot be forced to report their vote to a commoner, when they may wish to attend in person.
On the other hand, civil responsibilities could exist in the community through Article 1902 CC if there were any contagion in the community motivated by a call that was not necessary, and in an emergency situation in which the budgets and positions of the governing bodies could be extended, as is now done, until next year in which a health measure may have been discovered to relax the current situation.
Therefore, this agreement is adopted which joins the book of minutes for consistency and I notify the commoners for the purposes of their knowledge.
The president of the community of owners…