(“PH” for its acronym in Spanish)

Article 67 of Law 284 of 2022 establishes that The meeting of the Assembly of Owners may be held in person, by technological or mixed means, which has justifiable audio and video. It also establishes that “The owner must participate with the minimum of audio requirement.”

This article arises as an extraordinary solution in a period when we were living in confinement as a result of the pandemic, but also having to comply with the provisions of the Horizontal Property Law that required the Owners Assembly to hold at least one annual meeting.

The pandemic transformed human cohabitation, allowing meetings of Owner Assemblies to be held virtually brought important advantages to PH residents, such as: 

  • It facilitates the participation of all horizontal property owners who, without having to move from where they are, can participate and make valid decisions for the common interest.
  • This type of modality has proven to simplify the time invested in the Owners’ Assemblies since participations are shorter and more direct.
  • The legislation opens the possibility to provide audio and video as evidence of an assembly when an owner’s rights are affected. This evidence would be impossible to submit if the meeting was held in person since these are not recorded. 

To take the advantage of this modality, the rules must be previously notified to the co-owners and the legitimacy of each of the participants must be validated, as well as the quorum required by law. 

This is precisely where the main disadvantages show. The law does not expressly indicate how the process of the meeting itself should be carried out, which leaves the Board of Directors to determine the minimum rules to follow. Another negative aspect to highlight is that, as these meetings usually involve short periods of participation, there is a risk that important issues will not be discussed to the extent and depth that they warrant, which can have unfavorable consequences for the PH. 

The main challenge left by the law is creating a mechanism that will validate the legitimacy of the participants and expressly establish the minimum procedures of these Assemblies.

Lorenzo Marquínez 

Partner in  Alcogal

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