It was published the Law No. 4-B/2021 (amending Law No. 1-A/2020, dated of March 19th), which establishes the legal regime for the suspension of procedural deadlines in result of the measures adopted within the context of the COVID-19 disease pandemic.
The referred diploma was published on February 2nd, 2021 and entered into force on February 3rd, 2021.
Here we list the main measures adopted in the context of the joint owners’ assemblies.
i. The Condominium Assemblies are held in accordance with the rules applicable to corporate events, in force at each moment and for the respective territorial constituency.
ii. Without prejudice to the referred in the previous point, it is permitted and encouraged to conduct Condominium assemblies by means of distance communication techniques in the year of 2021, as follows:
a) Whenever the administration of the condominium determines or most of the joint owner’s request, the condominium assembly shall take place by means of distance communication techniques, preferably by videoconference, or in a mixed model, in person and by videoconference;
b) In case any joint owner communicates to the administration of the condominium, duly justified, that he/she does not possess the conditions to participate in the condominium assembly by means of distance communication techniques, the administration must ensure the necessary means for said purpose, under the penalty of the meeting having to be held in person or in a mixed model.
iii. The signature of the minutes of the condominium assembly can be made by qualified electronic signature or by handwritten signature made on the original minutes or on a scanned version containing other signatures.
iv. The declaration from the joint owner sent by email to the condominium administration’s address attesting that he/she agrees with the content of the minutes of the condominium assembly previously sent by e-mail to the joint owner is considered valid, in other words it is considered as if the minutes were duly underwritten by the joint owner and should, therefore, be attached as an annex to the original minutes.
v. The administration of the condominium is responsible for choosing one or more of the means referred to in item a) of point ii above, as well as to define the order for the collection of signatures or the underwriting statements by e-mail, for the purpose of ensuring that all signatures are in a single document.
vi. The condominium assemblies, and the signature of the respective minutes, that took place before the date of entry into force of the present regime are valid and effective, as long as it was observed the procedure referred to in the previous points.
TFRA will update the information of this flash whenever justified.
Please note that the information contained herein is of generic nature and, therefore, does not exempt the analysis of the specific case, nor the consulting of the official documentation and legislation in force at each moment.