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legislation

legislation

General meetings for multi-ownership condos, property in which each owner of the same property holds a fraction of the time, can now hold their meetings through our app. The Law supporting such permission is Law 13,777 of December 20, 2018, in its Article 1358 Q - item VIII and IX.

On August 14, 2019, the Constitution, Justice and Citizenship Committee (CCJ) approved the bill 548/2019, which allows the use of electronic voting in condo meetings. The electronic collection of votes could be released via internet or other suitable means that allows the individual counting of votes of absentees. Source: Senado Federal

Voting via app for condo meetings is legal

 

The art. 10 of Law No. 4,591 / 64 expresses what are the legal prohibitions imposed on the owners. In none of the seals imposed on the owners by items I to IV of art. 10 there is a prohibition on the possibility that there may be remote voting in assemblies.

 

"There is no prohibition on distance voting in law. On the other hand, there is nothing that legitimizes the practice either. I suggest that the condominium deploy the service in a special assembly to do so, to use the App in another assembly and that, then, change the convention so that the use of the device does not encounter future problems "argues the condominium expert lawyer and columnist of SíndicoNet, Alexandre Marques. (Source: Sindiconet)

 

The use of electronic tools, such as remote voting in electronic form, through application for electronic devices, besides being a fast, economical and safe tool, in principle, does not find any impediment in inc. II of art. 5th of CF / 88. Even the use of electronic tools is recommended by the National Council of Justice (CNJ) itself and is already used by the IRS (RFB).

 

Using the remote voting tool allows many people who have never participated and / or voted in assemblies to do so through the app. It is, therefore, an effective collaboration for the exercise of freedom of vote. It also means appreciation of the dignity of the voting person.

 

Thus, finding no impediment in any legal norm, including the Condominium and Real Estate Law (Law No. 4,591 / 64) and related provisions of the Civil Code (Law No. 10,406 / 02, Arts. 1,331 to 1,358), distance voting meets within strict legality. In addition to being legal, it enables all non-compliant owners, including those who are sick and in transit, for example, to effectively declare their will by voting (Law No. 10.406 / 02, art. 107).

 

But in any case, we recommend the necessary efforts to change the Convention and its Internal Regulations of the Condominium in order to resolve any kind of interpretations. In addition, we offer our clients, free of charge, a wording to be inserted in the new Convention and the new Internal Rules.

legislation

Voting via app for condo meetings is legal

 

The art. 10 of Law No. 4,591 / 64 expresses what are the legal prohibitions imposed on the owners. In none of the seals imposed on the owners by items I to IV of art. 10 there is a prohibition on the possibility that there may be remote voting in assemblies.

 

"There is no prohibition on distance voting in law. On the other hand, there is nothing that legitimizes the practice either. I suggest that the condominium deploy the service in a special assembly to do so, to use the App in another assembly and that, then, change the convention so that the use of the device does not encounter future problems "argues the condominium expert lawyer and columnist of SíndicoNet, Alexandre Marques. (Source: Sindiconet)

 

The use of electronic tools, such as remote voting in electronic form, through application for electronic devices, besides being a fast, economical and safe tool, in principle, does not find any impediment in inc. II of art. 5th of CF / 88. Even the use of electronic tools is recommended by the National Council of Justice (CNJ) itself and is already used by the IRS (RFB).

 

Using the remote voting tool allows many people who have never participated and / or voted in assemblies to do so through the app. It is, therefore, an effective collaboration for the exercise of freedom of vote. It also means appreciation of the dignity of the voting person.

 

Thus, finding no impediment in any legal norm, including the Condominium and Real Estate Law (Law No. 4,591 / 64) and related provisions of the Civil Code (Law No. 10,406 / 02, Arts. 1,331 to 1,358), distance voting meets within strict legality. In addition to being legal, it enables all non-compliant owners, including those who are sick and in transit, for example, to effectively declare their will by voting (Law No. 10.406 / 02, art. 107).

 

But in any case, we recommend the necessary efforts to change the Convention and its Internal Regulations of the Condominium in order to resolve any kind of interpretations. In addition, we offer our clients, free of charge, a wording to be inserted in the new Convention and the new Internal Rules.