They are a long read and not formatted very well, as copy/ paste from pdf isn't very good. We received the following notices from out administrators today:
SAE community administration
Servicios de Administración Especializada del Levante, SL
Ordinary Meeting
Dear Owner :
The worst epidemic data since the "New Normal State" began has been in Almería lately, a total of
31 people have tested positive for PCR to detect Covid-19 disease in just one day. A veritable
outbreak of cases involving, attention, more than half of those detected in this same period of time in
the entire Andalusian territory - of which Almería represents around 10% in population and territory -.
You have to go back to the end of March, at the worst epidemiological moment of the crisis, to find
such high data in Almería. At the national level there are data from 120 outbreaks.
Some of you have expressed the convenience of not holding the annual Ordinary General Meeting of
the Community, due to the current health situation caused by the COVID-19 pandemic.
Since last June 19, 2020, we have returned to the “new normal” and since that date, the rules of
application in the Holding of the Owners' Meetings are the following:
In general, the basic measures of behavior are:
• Hand hygiene and respiratory hygiene (regular ventilation of spaces).
• Minimum interpersonal distance of 1.5 meters.
• Use of masks except in certain circumstances.
• Cleaning, hygiene and ventilation of the spaces used and isolation measures and
communication with health services as soon as symptoms compatible with COVID-19 are
detected.
Applicable measures in the Owners Communities, general measures established in the Third
article of the Order:
• Use of mandatory masks, except in the cases of article 6.2 of RDL 21/2020.
• Minimum interpersonal distance of 1.5 meters.
• Cleaning, hygiene and ventilation of all community spaces and facilities, according to the
specifications of this Order.
Measures for Homeowners Meetings states that:
• There is no regulated limit of assistants in person, although by analogy with Article Twenty-fourth of the
Order and prevention, It is recommended not to exceed 75% of the capacity.
• Other measures (hygienic, separation, etc.) must be respected. For foreigners who cannot
attend due to border closings, a videoconference system must be regulated.
For the holding of the General Meeting, there must be conviction on the part of the President or Board of
Directors to call it, and provision must be made for compliance with the regulated measures to avoid the
spread of the disease.
If there is no possibility of compliance with the basic measures or there is fear of contagion, the Board may be
deferred and the decision protected by legality may be postponed.
The Board of Directors or President of the Community may make the decision to postpone the holding of the
General Meeting, due to fear of a possible contagion or outbreak of the disease.
The decision involves the extension of the charges as well as the budget for the time that the celebration is
postponed.
In this period, works considered as improvements should not be made, only those scheduled or periodic works
should be executed, as well as the extraordinary ones that cannot be postponed. -
The decision must be communicated to all the Owners.-
An example is Decree Law 26/2020, of June 23, on extraordinary measures in health and
administrative matters of the Generalitat de Catalunya, in accordance with the provisions of article 10
of Decree Law 26/2020, where a new wording to art. 4.4 of Decree Law 10/2020, of March 27. This
regulation establishes a series of provisions regarding the Boards of Owners in the Communities
under Horizontal Property Regime subject to Catalan Civil Law, measures that are
declare in force since the end of the State of alarm, that is, from June 21, 2020, as the obligation to
call and hold Owners Meetings is suspended until April 30, 2021, the use of telematic means is
enabled in its celebration; Until the next Ordinary Meeting is called and held, it is also possible to
continue adopting agreements without a meeting at the request of the Presidency and meeting the
following requirements; The last approved annual budget is understood to be extended until the next
Ordinary Meeting is held, in which the approval of the previous accounts and the renewal of the
positions, like any Ordinary Meeting, etc. must also be carried out.
Likewise, from CAFMadrid it is recommended to hold only those Owners Meetings in which it is necessary to deal with and adopt
agreements on issues that are urgent and cannot be prolonged in time, and insist on the need not to lower their guard and continue
applying the preventive measures in residential buildings to avoid sprouts. The postponement of the Ordinary Homeowners' Meetings is
recommended until this new situation is controlled by the Health Authorities, as requested by the General Council of the Central
Government, and in line with what was approved by the Generalitat of Catalonia (suspension of the mandatory nature of call and hold
Boards until April 2021) ". Only those Meetings in which it is necessary to discuss and adopt agreements on matters that are urgent and
cannot be prolonged in time, could be held following the indicated security measures. There are several reasons that advise taking this
measure, according to CAFMadrid. Firstly, most residential buildings do not have enough space to hold meetings following sanitary
measures. As an example, and establishing an approximate measurement of 3 square meters per person, for a meeting of 50 people a
room of approximately 150 square meters would be required. Most residential buildings do not have enough space to hold meetings
following sanitary measures. As an example, and establishing an approximate measurement of 3 square meters per person, for a
meeting of 50 people a room of approximately 150 square meters would be required. Most residential buildings do not have enough
space to hold meetings following sanitary measures. As an example, and establishing an approximate measurement of 3 square meters
per person, for a meeting of 50 people a room of approximately 150 square meters would be required.
Similarly, other Colleges of Property Administrators advise that, p That to be legally allowed, as a
precaution, they recommend postponing the Owners Meetings and holding only those of an urgent
nature.
Among the consequences of the Coronavirus Alarm State, there is one that has affected a multitude of
Neighborhood Communities, and that is that after 6 months since the year began, there are still many that
have not been able to hold their mandatory Owners Meeting, which in most cases it takes place after the
first quarter of the year.
Most of the Colleges of Property Administrators are recommending to postpone the Meetings until they
can be carried out with sufficient guarantees against the coronavirus. They also remember that the
Community Presidents are authorized to make certain decisions.
Despite everything, there will be many issues that will be delayed in the Communities. In this sense, in many
cases it will be necessary to assess whether it is worth holding the Meeting in the last months of the year or
leaving it pending for 2021 with two years to close.
In accordance with the above, the decision not to hold, for the moment, the Ordinary General Meeting
of the Community, for fear of contagion of the disease, is perfectly justified.
In Almería, on July 11, 2020.-
Sincerely,
SAE-Community Administration Directorate
NOTE: On 14-07-2020, the Territorial College of Property Administrators of Almería, has recommended
avoiding, as far as possible, the holding of meetings, except those that are of extreme necessity or
urgency, all in as much the situation of the Covid19 is not at least controlled. Accompanied
communication is accompanied.
We also report on the Publication of the Andalusian Government through the Order of July 14, 2020,
on the use of the mask and other preventive measures in the field of public health to deal with the
coronavirus (COVID-19) and by which modifies the Order of June 19, 2020. Mandatory use of masks
in all spaces, both open and closed, exceptions; Family units, optional prescription, individual outdoor
sports, beaches and swimming pools during bathing or when staying in a specific space, mandatory
on walks and trips. Penalty € 100. We attach document.
Iltre. Territorial College
Farm Administrators of
Almeria
Almería, July 14, 2020
CIRCULAR Nº 62/2020
SUBJECT.- “CELEBRATION OF OWNERS 'MEETINGS”
Dear collegiate / as:
Given the exceptional situation that we live through the Covid19, and the outbreaks that are taking
place, the concern increases among the Associates, especially when our clients ask us to hold a Meeting of
Owners. It must be understood that preventive measures are essential, although it is almost always impossible
to guarantee that security measures are followed, so the best measure is obvious, which is not to hold
meetings. However, given that until now there are no regulations that can protect that decision (except in
Catalonia, which have prohibited the Boards until April 2021), from this Territorial College we can only
recommend you avoid holding meetings as much as possible , except those that are of extreme necessity or
urgency, all this as long as the situation of the Covid19 is not at least controlled.
The General Council issued a circular earlier this month, in which it reported this situation, as well as
the request made to the authorities so that, officially, the Owners' Boards are suspended and at the same time
confirmed in their positions to those who hold community positions, all this while the safety of all attendees can
be fully guaranteed. I enclose this circular and I recommend its reading.
Without further ado, and hoping that all of you are well, I send you a cordial greeting