Conduct of a general meeting of co-owners

In principle, the general meeting of co-owners is held in the municipality where the building is located.

However, the condominium rules may provide for a different location. The co-owners may also decide, by a resolution voted in the simple majority, of the place where the next general meetings will be held.

It is not necessary for the meeting to be held in a place open to the public. It may validly be organized in the premises of the trustee or in any other place he has chosen, for example a room rented for the occasion.

The general meeting is a meeting private.

Therefore, in principle, only the members of the syndicate of co-owners may participate. These are:

• Co-owners
• Some agents representing a co-owner when the latter must or wishes to be represented (for example, joint representative in case ofundivided or dismemberment of condominium) or who wish to do so.

Each co-owner has one right of access and vote to the general assembly.

However, a third party may attend the general meeting if it obtains the agreement of the syndicate of co-owners. This is particularly the case:

• Associations of tenants affiliated with a registered organization, who may make representations without being able to vote
• From an outside person (architect, craftsman, lawyer, future buyer) with an interest in participating in the meeting.

Any co-owner has the right not to come to the general meeting and to be represented by a representative, whether or not the representative is present co-owner from the building. Indeed, participation in the meeting and the vote is a right for each co-owner, and not an obligation.

However, several rules must be respected:

• The mandate must be in writing (letter, power of attorney, etc.) and signed by the co-owner
• The mandate must indicate the identity of the co-owner (name, address, possibly lot number), the identity of the agent (name, address) except in the case of a blank authorization (absence of designation of an agent), the date and the handwritten or electronic signature of the co-owner. Voting instructions may also be mentioned, without this being compulsory.
• The warrant cannot be given to the syndic of condominiumthe spouse, partner of Civil partnerships or common-law partner of the trustee, ascendants and descendants from the trustee, to attendants the trustee or their ascendants, descendants, spouse, partner of Civil partnerships or common-law partner
• Each representative may not, in principle, receive more than three voting delegations. However, this limit does not apply when the total votes available to the trustee (his own votes and those of his constituents) do not exceed 10% of the union's votes.

A mandate template is available:

Give a mandate to a person to be represented at the general meeting of co-owners

The co-owner must transmit the power of attorney directly to the trustee who will give it to the trustee at the beginning of the general meeting.

It can also be sent directly to the trustee by mail, deposit or electronic means.

When the trustee receives a mandate with delegation of vote without indicating the name of the agent, he gives this mandate at the beginning of the meeting to the president of the union council (or, in the absence of president, to a member of the union council) so that he appoints an agent to exercise this delegation of vote.

In the absence of the union council or union council, it is up to the meeting chairman to appoint the representative.

The co-owners can attend the general meeting by:

• Physical Presence
• Videoconferencing (meeting with video)
• Audioconference (telephone meeting)
• Any other means of electronic communication allowing their identification.

The possibility of participating remotely in the General Assembly (videoconference, audio-conference, other electronic means) is not automatic.

Indeed, the general meeting must first decide, at the simple majority, technical means that will enable co-owners to participate remotely. It must also provide for the means of verifying the identity of participants. The chosen media must at least allow to hear the co-owners and to follow the exchanges and the votes live throughout the duration of the general meeting.

This decision is taken on the basis of quotes requested by the trustee or the union council. The costs of this equipment are paid by the syndicate of co-owners, and not only by the co-owners who participate remotely.

Co-owners may also vote by post before the general meeting. The postal voting form is attached to the convocation.

Vote by mail from a co-owner

The co-owner completes it (for/against or abstention). The form must be received by the trustee no later than 3 clear days prior to the meeting date.

Each general meeting shall designate, at the beginning of the meeting:

• A session chair, among the co-owners present
• A meeting secretary (usually the trustee, unless otherwise decided by the general meeting)
• Possibly 1 or more scrutineers, among the co-owners present.

These decisions are made at the simple majority (majority of Article 24).

The co-owners will then vote on the various written questions at theagenda of the general assembly.

Only items on the agenda may be put to a vote. A matter that is not on the agenda may be raised and discussed during the meeting, but it cannot be decided.

After exchanges, decisions are taken by a vote. The majority required depends on the nature of the decision to be taken.

In principle, each question is voted on separately. A resolution put to the vote must therefore relate to a single subject. However, the same resolution can group several points together when they are closely linked and cannot be separated.

During the meeting, the General Assembly may amend the drafting of a resolution. This amendment is possible provided that it does not change the question put to the vote or introduce a new subject that was not on the agenda. For example, it is possible to add a clarification or adjust the wording of a resolution if this does not change the meaning of the decision.

Voting is carried out by the co-owners present or by those represented by an agent.

Voting can be done in several ways: by registered ballot (in writing), by calling names or by show of hands. In all cases, the number of votes must be counted and the presiding officer must note the names of the co-owners who voted against and those who abstained.

Each co-owner has a number of votes proportional to its co-payment in the condominium, expressed in tenths or thousandths. These tenths or thousandths correspond to the share that his lot represents in relation to the whole building.

For example, a co-owner who holds 100 thousandths has 100 votes at the general meeting, or a total of 10% of the total votes.

However, if a co-owner owns more than half of the tenants of the co-ownership, he becomes the majority on his own. In order to prevent it from being able to decide all the decisions on its own, the number of votes available to it is then limited: it cannot have more votes than all the other co-owners combined.

For example, one co-owner owns 700 thousandths out of 1000, while the other co-owners have the remaining 300 thousandths. His number of votes to vote is then reduced to 300 thousandths to avoid having a majority.

The General Assembly shall close after consideration and vote of all items on the agenda.

At the end of the meeting, a minutes is established. This document includes in particular:

• decisions taken by the general assembly,
• the result of the votes (number of votes in favor, against and abstentions),
• the names of the opposing co-owners and those who abstained when necessary.

The minutes are signed at the end of the meeting by the presiding officer, the secretary and, if any, by the deputy returning officer(s).

At each general meeting, a attendance sheet must be kept.

It states:

• The name and address of each co-owner and whether he is physically present or represented, or whether he participates by videoconference, audio-conference or other electronic means of communication, or whether he votes by post
• The name and domicile of agents specifying whether the latter participates by videoconference, audio-conference or other means of electronic communication
• The number of votes available to each co-owner.

The attendance form must be signed by the co-owners or agents, in manuscript or by electronic means. It must also be certified as accurate by the Chairman of the meeting designated by the General Assembly.

This attendance sheet may be a table that may comprise several sheets. It can be held in electronic form.