The condominium assembly in videoconference: opportunity or problem?
(by Federica De Pasquale - Head of the Digital Condominium Observatory - AIDR) For almost a year we have become accustomed to “living online”, a necessity imposed by the pandemic that has led even the less accustomed of us to introduce virtual shopping carts and words such as DAD, smart working or webinar in everyday life.
Here, in such a “connected” landscape, it seems completely normal to organize and participate in a condominium assembly by videoconference, but in fact this is not the case.
This is demonstrated by the ridiculous number of condominium assemblies that are taking place in this way since it was regulated, October 2020, through the changes made to article 66 of the provisions for the implementation of the civil code with two amendments respectively to law 126 / 2020 and then to law 159/2020. There are many reasons that do not allow this procedure to take off within the condominium reality and, in my opinion, not easy to solve, at least in a short time.
Let's start with the condominium administrators, many of whom are not used to using technology to manage the accounts of their administrators and even less able to organize an assembly using computer tools. Or, as those who are using this method recognize, the problem is also the procedure for the convocation which is more complex, having to request the consent of the "majority of the condominiums" each time so that the assembly in videoconference can be considered validly called (read in the margin, article 66 Disp. Att. CC). A further difficulty identified by the directors is that of guaranteeing the participation of all those entitled to participate and that they are able to remain connected for the entire duration of the meeting.
What about the condominiums, in this case there is a double problem, on the one hand what we do not have to do with "digital natives". The majority of the owners, in fact, are elderly people who have difficulty using computers, tablets and smartphones. On the other hand, there is the deep-rooted conviction of the condominiums to feel at ease in following the discussion of the meeting in the presence, considering this method even more respectful of their right to intervene during the discussion.
In fact, on this last aspect, they are not completely wrong because the legislator, little connoisseur of the condominium matter, has approved an unclear and messy amendment, even if inserted in the right context, such as Article 66 for the provisions of implementation of the civil code. Article, I want to remind you, mandatory and, therefore, prevails over any provision for the convocation of the assembly provided for by the condominium regulation even if of a contractual nature.
Finally, having to guarantee all condominiums the right to participate and to intervene during the meeting, as stated in the civil code, the problem arises for those very numerous condominium realities that even exceed 100 or 200 housing units, where it is already complex the management of the assembly in the presence let alone at a distance, as you know the bon ton is not always at home during the assemblies and often even the president, appointed from among those present, is not up to his task as arbiter of the situation and guarantor that the participants are only the entitled persons. Without considering the difficulty it could have in checking the veracity of the proxies that must be written, as the civil code always provides in article 67 of the Act.
Yet in this period, in which the ban on gatherings is in force, we would have expected a boom of extraordinary assemblies in videoconference, essential to bring for approval, at least, the renovations of the buildings taking advantage of the tax incentives and in particular the super bonus of 110%. , however it is not so.
Beyond the bureaucratic difficulties on the procedures for accessing these incentives, extended with the 2021 Budget law only until December 2022 and in which the works for the removal of architectural barriers have also been included, in many condominiums a solution is sought which allows the meeting to be held in person, considering that even the latest Prime Ministerial Decree, which came into force on January 14, does not prohibit private meetings from being held live, but strongly recommends that they take place remotely.
Only time will allow us to assess whether the condominium assemblies via videoconference will become a routine practice or not, in the meantime it would be appropriate to proceed with a greater digitization of condominiums and administrators through specific training courses and making the opening of a mailbox mandatory certified electronics (PEC). Most likely, the procedure necessary for the convocation will also be better regulated, as well as that for carrying out it. According to the legislation currently in force, in fact, it is very likely that we could witness numerous appeals before the judicial authority of the resolutions passed during the videoconference assemblies and, probably, also to an intervention by the Guarantor for the protection of personal data for a possible violation of privacy relating to the holding of data of individual condominiums by unauthorized third parties.
Text of article 66 of the provisions for the implementation of the civil code
The assembly, as well as annually in the ordinary way for the resolutions indicated by art. 1135 of the code, can be convened in an extraordinary way by the administrator when he deems it necessary or when requested by at least two condominiums representing one sixth of the building's value. After ten days of the request have elapsed in vain, the said condominiums can directly provide for the convocation.
In the absence of the administrator, the ordinary and extraordinary assembly can be convened on the initiative of each condominium.
The notice of call, containing specific indication of the agenda, must be communicated at least five days before the date set for the meeting on first call, by registered mail, certified e-mail, fax or by hand delivery, and must contain an indication of the place and time of the meeting or, if provided for in videoconference mode, of the electronic platform on which the meeting will be held and the time of the same. In case of omitted, late or incomplete convocation of the entitled persons, the shareholders' meeting resolution can be annulled pursuant to article 1137 of the code at the request of the dissenting or absent because not duly called.
The meeting in second call cannot be held on the same calendar day as the first.
The director has the right to set up several consecutive meetings in order to ensure that the meeting is held in short terms, calling the entitled parties with a single notice in which the further dates and times for any continuation of the meeting validly constituted are indicated.
Even if not expressly provided for by the condominium regulations, with the consent of the majority of the condominiums, participation in the assembly can take place via videoconference. In this case, the minutes, drawn up by the secretary and signed by the chairman, are sent to the administrator and to all the condominiums with the same formalities provided for the convocation.