Article 40. Conduct of the General Meeting by Correspondence
(1) The general meeting can be conducted by correspondence. In this case, the association’s body or the owners who have legally convened the general meeting send a notification to the owners indicating the agenda and the deadline set for voting. Attached to the notification are the necessary materials and the ballot, which will include the text of each proposed resolution.
(2) Within the deadline set for voting, the owners submit their signed ballots, with their votes cast, to the association’s body or to the owners who have legally convened the general meeting.
(3) If the owner has specified in writing an email address for corresponding with the association, the association’s body or the owners who have legally convened the general meeting notify the owner about this via email. The submission of voting options from the owner’s email address is equivalent to signing the ballot.
(4) The owner may also participate in the meeting and exercise their vote through any other means of electronic communication implemented by the association in accordance with Article 31.
(5) The signature of the condominium owner in favor of a certain resolution of the general meeting is equivalent to signing the ballot, provided that the complete text of the resolution appears on the page where the signature is applied, and the association whose general meeting adopts the resolution is identified.
(6) If a vote is expressed on behalf of the condominium owner at the general meeting using the electronic means chosen by that owner or through the e-Condominium platform, the condominium owner cannot request the annulment of their vote after the expiration of the deadline set for voting on the grounds of error or lack of authorization of another person who might have accessed the electronic means, except where the condominium owner demonstrates that they were the victim of a fraud.
(7) Upon the expiration of the deadline set for voting, the chairperson and the secretary of the general meeting draw up and sign the minutes and inform the owners about the adopted resolutions.
(8) The provisions of this law regarding the in-person general meeting are correspondingly applicable to the general meeting by correspondence only to the extent that they are compatible with the nature of a meeting by correspondence.