Can owners meetings be held in shifts, at different times or days? The extraordinary situation caused by the Covid-19 pandemic has made us change and adapt to a time that we had never passed. Given the limitations of meetings and attendance, the owners consider different measures to continue with the daily tasks, such as holding meetings of owners in shifts. But is it legal to do it?
The College of Property Administrators of Barcelona and Lleida (CAFBL) considers that it is by no means legal to hold meetings of owners in shifts at different times or days since, article 553-21 of the CCC that regulates the CALLS of meetings, in point 4, b) it says that the Call must clearly and in detail express the day, place and time of the meeting, consequently the Board will be held in ONE ACT.
The holding of owners’ meetings in shifts takes away meaning from the debate on the agenda among all the members of the Board and, therefore, at the end of the meeting of this governing body, which consists of jointly and collectively making agreements. The call by turns, is not only contrary to the very nature and operation of the body, but is legally irregular and therefore they consider that any owner could challenge the agreements adopted through this formula and request their cancellation.
As Collegiate Property Administrators we cannot recommend in any case the holding of meetings in shifts, since they could even demand responsibilities for having convened them in this way, since it does not comply with the law and on the contrary, we should promote other alternatives that do. they follow the law.