TECNOLOGIAS NO DIREITO IMOBILIÁRIO – ASSEMBLEIAS VIRTUAIS

Technological innovations promote changes and demand new skills in different areas of real estate law, also reaching traditional activities, such as assemblies in condominiums.

Technological innovations promote changes and demand new skills in different areas of real estate law, also reaching traditional activities, such as assemblies in condominiums.

The Civil Code Section relating to the administration of the condominium, governed by articles 1347 to 1356 of that statute, presents rules on the meetings in these spaces. Various topics are addressed, such as summons, annual ordinary meeting to approve the accountability performed by the liquidator, special quorum for particular changes, regular way of taking decisions at first and second calls, extraordinary meetings and the possibility of the existence of a fiscal council . It is, therefore, silent on the use of Information and Communication Technology (ICT).

Bill 548/2019, submitted by the Federal Senate, after approval, to the Chamber of Deputies in November 2019, where it awaits the deadline for amendments to the Constitution and Justice Commission, proposes the permission for ICT to be applied in the assemblies of the condominiums. To this end, it suggests the addition to the Civil Code of article 1353-A, which brings the permission for “electronic voting of the tenants” and “virtual segment of the meeting”, when the special quorum is not reached in the face-to-face calls, highlighting the hybrid procedure trend.

In this sense, PL No. 548/2019 spells out the requirements for virtual meetings and electronic voting: the calling instrument must be clear regarding these modalities; the entire contents of the minutes of the face-to-face part of the meeting must be sent to the tenants; the administration of the condominium will make available an application or other electronic means that allows the individual vote by password and the corresponding justification, as well as the checking of this information in relation to the other tenants; the closing of the virtual meeting will take place after the calculation of the electronic and face-to-face votes together with the publication of their sum; and unless prohibited by the condominium convention, the subsequent individual collection of votes from absent residents will be allowed.

It is important to remember that the pandemic, by accelerating the digitalization of various segments of the economy and society, has caused normative changes regarding the realization of virtual assemblies. In Rio de Janeiro, for example, State Law No. 8,836 / 2020, which is limited to the period of restrictions for coping with COVID-19, prohibited the holding of face-to-face assemblies in building condominiums, recommending the use of virtual means when deliberations are made. considered indispensable.

The tendency is for this model to be incorporated into the legal system, similarly to what happened with the text of Provisional Measure nº 931/2020, approved by the Federal Senate on 07/09/2020, allowing, observing the specific rules, the participation and voting to the distance in public limited companies, limited companies and cooperative societies.

This is another aspect that demonstrates the importance of continuous updating of professionals in the field of law, because while legislation at the federal level is not approved, solutions that ensure legal certainty for interested parties are necessary, since any adaptations in procedures need maintain compliance with the applicable rules, present in the Civil Code and the Condominium Convention.

By: Wilson Sales Belchior