Holding Special Meetings of Condo Association

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Ken

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Jan 1, 2002
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At present, the rules of our condo association require that a special meeting be called to deal with matters too urgent to delay until the next general meeting. Is it legally permissible to amend the rules to permit communication with the owners by email? We are thinking of replacing the meeting requirement with new language whereby the administrator notifies the owners of the problem and proposed solution, receives reaction, if any, which is circulated to all owners, then owners are polled. Email permits this all process to be carried on within a couple of days, giving all the owners more opportunity to participate than is the case at present when so many are absentee.
 
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Golo100

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Jan 5, 2002
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Just an opinion

If it is approved by the majority in an assembly it may be permitted. Yet, it might require that whatever action you may take could require at least a signature or initialing of a document to protect the administrator.

TW
 
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Fabio J. Guzman

DR1 Expert
Jan 1, 2002
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The problem is with the concept of what constitutes a meeting ("asamblea") under Dominican Law. Collective bodies act through resolutions voted at legally held "asambleas". An "asamblea" under Dominican law implies a physical meeting of persons at a time and place indicated in a properly given notice to discuss items of collective concern. E-mail or telephone consultations do not comply with these requirements.

However, nothing prevents the condo to amend the rules to allow the general assembly to DELEGATE certain powers to a group of condo owners. In this case, it would not be the Asamblea directly that's deciding whatever pressing issue needs attention but the owners to whom this prerrogative has been delegated by the Asamblea.

Finally, it is worth noting that a recent statute allows and regulates the use of electronic messages (e-mails, faxes, etc.) as evidence in court. This could be a first step towards a more liberal use in legal matters of the novelties of our communication age.
 
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Ken

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Jan 1, 2002
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Thanks, Fabio, for your helpful (as usual) response to this question, as well as the one on the Statutes on which condo rules are based.
 
K

Ken

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Jan 1, 2002
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Fabio J. Guzman said:
However, nothing prevents the condo to amend the rules to allow the general assembly to DELEGATE certain powers to a group of condo owners. In this case, it would not be the Asamblea directly that's deciding whatever pressing issue needs attention but the owners to whom this prerrogative has been delegated by the Asamblea.
Click to expand...

Fabio, have been thinking more about this. Am I interpreting correctly when I think that the Asamblea could appoint a standing committee to make decisions with respect to pressing issues needing attention prior to next regular meeting of the Asamblea? If the Administrator or an owner felt there was such a pressing need, he/she would bring this to the committee, which would decide what to do. One option would be for the committee to authorize the Administrator to proceed, another would be for the committee to poll the owners by email before deciding what its decision was. Have I taken any leaps beyond what you have indicated is possible?

Also, is it possible for an absentee owner to be a member of the special committee?
 
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