Minutes of general meeting of co-owners

In principle, the minutes of the general meeting shall be drawn up by the syndic of co-ownership.

It may also be drafted by one of the scrutineers or by a commissioner of justice, the latter intervening at the request of the trustee.

The minutes must contain the following information:

• Title of each item on the agenda
• Outcome of each vote under each question
• Result of the vote under the heading of each item on the agenda of the General Assembly
• Names and number of votes of co-owners who opposed the decision (vote against) or who abstained or who are treated as a defaulting co-owner in the case of a postal vote
• Distribution of powers in blank by the president of the union council, a member of the union council or the presiding officer
• Reservations expressed by the co-owners present on the regularity of decisions
• Technical incidents that prevented a co-owner who used videoconferencing, audio conferencing or any other means of electronic communication from making his or her vote known
• Request made by any co-owner at a general meeting to retain the postal route as a means of communication for notifications and formal notices.

The attendance sheet of the general meeting must be appended to the minutes.

A minutes of the decisions taken at the general assembly must be mandatory written.

The document shall be signed at the end of the general meeting or at the latest within 8 days by the following persons:

• Chairman of the General Assembly
• Secretary
• Scrutineer(s).

The minutes shall be entered by the syndic of co-ownership one after the other within a register.

This register may be kept in electronic form. In this case, the attendance sheet and the minutes may be drawn up in electronic form and signed under the same conditions.

The trustee must issue a copy or extract of the minutes to any co-owner who requests it. The trustee's contract may provide for a fee for the communication of these documents.

General Assembly decisions must be notified by the syndic of co-ownership to the co-owners, in a delay of 1 month from the holding of the meeting. 

As a matter of principle, notification shall be made by electronic means, except for co-owners who have requested to keep their communication by post.

The minutes are thus notified to the co-owners opponents or defaulting :

• By electronic registered letter
• Or by means of an electronic process implemented through a qualified trust service provider and ensuring data integrity, security, and traceability of communications.

The notification shall relate only to the minutes, without their annexes. It must indicate the period within which the decisions of the general meetings may be challenged in court.

Indeed, the opposing co-owners or defaulting have a 2 months delay to challenge the decisions of the general meeting. This period shall start from the date of notification of the minutes.

This action must be performed before the court of the place of the building. It is mandatory to be assisted by a lawyer for this procedure.

The most serious irregularities in the drafting of the minutes may lead tocancelation of the general meeting.

This is particularly the case when the document does not allow verification of whether the votes were carried out correctly.

This is the case, for example, when:

• The minutes do not specify the conditions under which the vote took place, nor the exact result for each decision (absence of the voted text or absence of a clear result).
• The minutes do not mention the names of the co-owners who voted against or abstained, and that it is then impossible to verify whether the majority expected is reached
• A decision is presented as adopted unanimously, with abstentions or votes against
• The minutes state that the resolutions were adopted by a majority
• The minutes do not mention the names and number of votes of the opponents when the president of the sitting was elected.

Within 3 months after each general meeting of the co-owners, the trustee ensures the information of the occupants decisions taken by the meeting that have consequences on the conditions of occupation of the building and on the expenses of the occupants.

These may include, for example, decisions concerning the maintenance of the building, works, a contentious procedure between one or more co-owners and the syndicate. Where such decisions include personal information, their content shall be anonymized.

The document containing this information must be displayed in common areas.

The display time is 1 month.

If there is no space for posting in the building, the information must be deposited in each mailbox or delivered in the manner usually used in the condominium for the delivery of mail.