We come here every two weeks to talk about condominiums, neighborhoods, housing and the real estate market, always in a light-hearted and uncomplicated way
Living in a condominium is an art, a daily exercise of patience, tolerance, team spirit and respect for others. The main mission of a condominium is to participate and vote in the assemblies, whose decisions are sovereign and oblige everyone.
Unfortunately, in recent decades, the condominium assembly has become synonymous with baseness, confusion, unproductive discussions and, not infrequently, everything ends up in the police headquarters or in court. It’s incredible to watch an assembly that lasts four, five hours, with neighbors taking offense and, a few minutes later, being together in the same elevator, face down.
The fact is that a condominium meeting, usually held in the garage, has become a hostile environment and, let’s face it, almost everyone is there “fed”, tired, hungry and dying for it all to end soon. Faced with such a scenario, the assemblies have become increasingly empty, a desperate thing for those who manage and who often need a qualified quorum to approve an essential issue for the company.
I have been working in condominiums for over thirty years and I have always been indignant at the lack of evolution in the way meetings are held and, every time I looked for news, I came across the plastered and outdated texts of the condominium agreements, as well as the cautious and prudent indications of fellow lawyers, in the sense that “the holding of a meeting in digital format is not provided for by law, as it is not provided for by the agreement”. Now, in most cases, when the building was conceived, there was no internet.
Here, with the pandemic, an old dream came true and turned into a great miracle, called a digital assembly or virtual assembly! As if by magic, the assemblies have become more organized, peaceful, respectful, productive and, incredible as it may seem, much fuller. In addition, everything is decided faster, in a secure environment, comfortably and without incident. But how was this possible? Do notary offices record the minutes? Doesn’t the judiciary annul the resolutions? Yes, notaries record the minutes and the Judiciary, which has begun to hold virtual hearings, naturally validates the digital assemblies.
Of course, to be legally valid, the virtual assembly must meet minimum requirements, such as: a very clear announcement explaining how to participate and vote; virtual attendance list; verifiable voting system, compliance with the agenda set in the announcement, possibility of debates and discussions, recording of the work in a safe environment and drafting of the minutes, with a summary of the resolutions. It is also clear that, depending on the nature, delicacy or complexity of the topic to be discussed, the good old face-to-face meeting is providential and, therefore, the definition of the format (whether virtual or face-to-face), will be at the discretion of the trustee, administrator, legal and other members of the governing body.
It has been so successful throughout the pandemic, revolutionizing condominium management, the digital assembly has become law, in an incredible social phenomenon, in which something is first put to the test, falls into popular custom, and then becomes law. Much better than when the law is forced down our throats, without evidence, uses and customs. It is the law 14.309/22 which allows the holding of assemblies and votes in condominiums electronically or virtually.
Furthermore, the new law has also solved a huge problem faced in recent decades, in order to allow the so-called “permanent assembly” or “in public session”, with the possibility of voting up to 60 (sixty) days, in order to reach the quorum expected.
How good to get rid of that uncomfortable neighbor, used to being late for meetings, just to disturb and provoke. The one who asks a question on a topic that has already been discussed, but which he expects to be talked about again, always under the topic “I’ll pay the condominium, I have the right to speak” or “everything is going wrong here in this condominium, there is people who make a lot of money”. that’s it, everything will be recorded. Isn’t this a dream, a real miracle?
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We come here every two weeks to talk about condominiums, neighborhoods, housing and the real estate market, always in a light-hearted and uncomplicated way. Interact with us, send your question, your comment, your suggestion for the agenda to the e-mail estadaobluestudio@rsterceirizacao.com.br
*Marcio Rachkorsky, lawyer, condominium specialist and SP1 commentator on TV Globo and Rádio CBN
Source: Terra
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