Why not always and in any case adopt the solution of the remote condominium assembly, thanks to the video conference now within everyone's reach? The difficult experience of the Coronavirus has forced this choice for long weeks, those of the ban on meeting both in public and private places, but the advantages of online meetings are undeniable and can simplify quite a bit the life of each of us.
The forced isolation has spurred us to a more extensive use of the personal computer and the Internet. Video links have made their way, and we have discovered that nothing is that difficult, and that very often it can be worthwhile to change our habits even after the end of the Covid-19 emergency. Technology helps us. The systems for organize a video conference with relative ease they are not lacking. Very often we find them already installed and ready in the form of an App on our PC or mobile phone.
In the case of condominium assemblies, it is enough to equip oneself with the means that very often we already have, with the knowledge of the rules that today allow full use of this solution, albeit with some due caution. Without pretending to exhaust the subject in a few lines, here are the answers to 10 fundamental questions.
Is it possible to hold the condominium assembly online?
Yes. The answer derives from a series of considerations, starting from the analogical application of the content of art. 2370 co. 4 cc to the condominium matter (the company law in fact, it allows participation in the meeting by means of telecommunication), provided that the Condominium Regulations do not expressly prohibit this method of meeting.
Need change the condominium regulation?
No, unless the online meeting is expressly or impliedly prohibited.
Is it necessary to convene the meeting in a physical place?
According to some yes, in the opinion of the writer no. The rule that regulates the notice of call (art. 66 of the provisions of the civil code) refers to the need to indicate the place and time of the meeting, without specifying anything regarding the fact that it must be a physical place or " virtual".
Can the meeting be convened "also" in a physical location as well as a virtual one?
In abstract yes, for the rules currently in force to reduce the contagion from COVID-19 no.
What happens if one or more condominiums do not have an internet connection?
All condominiums must be able to participate, so if someone does not have an internet connection and/or smart phone, and does not intend to change their condition, all that remains is to hypothesize the possibility of "telephone" connection, or resort to the instrument of delegation.
Is it necessary to record the meeting?
No. On the contrary, registration would lead to considerable complications in terms of privacy, due to the need to process and store the registration pursuant to the GDPR (European Regulation on the Protection of Personal Data).
How do you ascertain the identity of people who intervene online?
Exactly as is ensured in the traditional condominium meeting. If the Chairman does not personally know the attendees, he could ask for an identity document to be shown and possibly acquire, even electronically, the written proxy (where a delegated person attended).
How is the content of the resolutions taken online recorded?
By drafting written minutes signed by the President and secretary, exactly as for "traditional" meetings.
How do you challenge a resolution taken during an online meeting?
With traditional methods, pursuant to and by effect of art. 1137 of the Civil Code.
Once the COVID-19 emergency is over, can we go back to traditional assemblies?
Certainly yes, but the online assembly represents the present and the future. You will no longer have to leave your home to go to condominium meetings, unless you want to.
Finally, recalling how the answers provided to the ten questions above are the result of much more complex and articulated legal considerations, expressed above all in the absence of relevant and/or legitimacy jurisprudence, it is recommended to proceed with the convening of the online meetings with The consultant support lawyers specialized in condominium matters, to reduce the risk of compression of the rights of condominiums as well as the challenge of resolutions.
