General meeting of co-ownership: the Complete Guide
The general assembly of co-ownership: the rules and principles
Between co-owners, many questions can arise during the year with regard to life in the building. It is for this purpose that the General Assembly of co-ownership is organized once a year, with a well-framed organization. Explanations on this unmissable event.
What is the purpose of a General Meeting of Co-ownership?
This is a meeting between the co-ownership manager, the union council (which brings together several co-owners appointed during an election) and the co-owners of the building. Its purpose is to ensure the proper functioning of the building and to vote for the work desired to ensure the maintenance of the establishment. The trustees are required to organize it once a year with a compulsory nature. In the event of an urgent situation, the participants may be called for an extraordinary general assembly.
Who organizes it, and who convenes the participants?
This assembly is generally organized on the initiative of the syndic. However, it can also be requested by the union council or at the initiative of the co-owners, provided that they represent a quarter of all the co-owners of the building. Participants can also be represented there, which allows their votes to be counted if a vote is required. It is necessary to convene the co-owners and other participants by registered mail with acknowledgment of receipt no later than 21 days before the GA is held. With the convening letter, the trustee or the organizer attaches an agenda as well as all the documents that will be discussed during the meeting, in particular the quotes, accounting documents and other elements.
How does a General Assembly take place?
A General Assembly takes place according to the communicated agenda. This includes the decisions to be validated over the coming year, in particular the budget, the appointment of the president of the General Assembly, the work to be carried out. Each item on the agenda and requiring future action must be voted on. The General Assembly can also manage specific questions, corresponding to individual requests from one or more co-owners or a more general request such as the use of the car park. However, these decisions cannot be voted on; for them to be, they must be made known to the trustee by registered mail with acknowledgment of receipt about one month in advance, with all the supporting documents.
Decision making; how is it going?
The co-owners have the possibility to vote for the questions of the agenda, with more or less influence on the final count. In fact, the more a co-owner has a share, the more votes he has. A percentage is calculated according to the share represented by its lot on the whole of the co-ownership. There are also four different majorities:
- The simple majority (law of July 10, 1965, article 24), calculated according to the majority of the votes of the co-owners (present or represented).
- The absolute majority (article 25), calculated on the basis of the co-owners present at the General Assembly.
- Unanimous voting (article 26), if the object of the vote so requires, namely:
1) Alienation of common portions
2) Removal of collective equipment
3) Subscription of a bank loan to carry out the work
4) Change in burden sharing
- Double majority vote (article 26): it counts the vote of the co-owners present, absent or represented with a cumulative 2/3 of the directors' fees.
Can we appeal against a decision taken at the General Assembly?
In the event of absence and non-representation, a co-owner may request the annulment of a decision if he considers that it is irregular or not justified. For this, he has a period of 2 months from receipt of the report to file a complaint with the tribunal de grande instance.