Conduct of a general meeting of the co-owners
Verified 12 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You are co-owners and want to know how a general meeting of co-owners takes place? We are taking stock of the regulations.
In principle, the co-owners meet in general meeting in the municipality where the building is located. The co-ownership rules may provide for a different location.
The meeting can therefore be held in a room rented for the occasion, at a co-owner's home, in the trustee's premises, etc.
The following people can participate in the general meeting of the co-owners:
- Co-owners who wish to be present (or their representative if represented)
- Condominium Trustee (the secretariat of the meeting is usually provided by the executive board unless otherwise decided by the general assembly)
- Possibly 1 or more external speakers.
Tenants of condominium units are not allowed to participate in general meetings unless they have been mandated by their landlord to represent them.
Tenants' associations affiliated with a recognized organization have the right to attend if they wish. They can then make their comments, but they cannot vote.
Nothing prohibits an outside person (architect, craftsman, lawyer, future buyer) from attending a general meeting if he obtains the agreement of the members of the condominium union.
FYI
When the co-ownership is subject to a unsanitary procedure, the authority which signed the health order may attend the general meeting or be represented. It may also comment on items on the agenda.
At the beginning of a general meeting, the following shall be appointed by a simple majority:
- A presiding officer, from among the co-owners present
- A session secretary (usually the trustee, unless the general meeting decides otherwise)
- Possibly 1 or more scrutineers, among the co-owners present.
Any co-owner may give his right to vote to an agent who may or may not be a member of the condominium pool.
Mandate a person to be represented at a general meeting of co-owners
This mandate cannot be given to the trustee or the person he lives with as a couple or its ascendants and descendants (or those of the person with whom he lives as a couple).
Nor may this mandate be given to the employee of the liquidator or to the person with whom the employee lives as a couple or to the ascendants or descendants of the employee.
When the trustee receives a mandate with delegation of vote without indicating the name of the representative, he hands this mandate at the beginning of the meeting to the president of the union council (or, failing that, to a member of the union council) to appoint a representative to exercise this delegation of vote.
In the absence of the trade union council or in the absence of a trade union council, it is for the presiding officer to appoint the representative.
It is possible to attend the general meeting:
- By physical presence
- By videoconference (meeting with video)
- By audio conference (telephone meeting)
- Any other means of electronic communication
The videoconference, audio-conference or any other means of communication and the guarantees put in place to ensure the identity of each co-owner must be decided in advance at the general meeting.
The co-owner who wishes to participate by videoconference, audio-conference or any other electronic means of communication must inform the trustee 3 free days at the latest before the general meeting. This information must reach the trustee by all means.
FYI
The syndicate of co-owners shall bear the costs relating to the technical means and means enabling the co-owners to participate in the general meeting by any electronic means of communication. An estimate must be prepared at the initiative of the trustee or the union council.
A record shall be kept indicating the name, address and number of votes of each co-owner:
- Physically present or represented
- Participating in the general meeting by videoconference, audio-conference or other electronic means of communication
- Voting by mail with the date of receipt of the voting form by the trustee
This presence sheet may be a table which may comprise several sheets. It may be held in electronic form.
It must be signed by each co-owner physically present or by his representative when a co-owner is represented.
Signatures are not required for participants in the general meeting by videoconference, audio-conference or other electronic means of communication.
In the event of a delay or early departure of a participant, the time must be stated.
The attendance record shall be certified as accurate by the presiding officer appointed by the general meeting.
The attendance form must be annexed to the report.
Decisions shall be taken during the general meeting within the framework of a vote that differs depending on the nature of the decision to be taken.
The co-owners present or represented shall vote.
Voting must be in writing or by show of hands to identify the co-owners who took part in the vote and to count their votes.
Each co-owner has a number of votes proportional to his share expressed in tenths or thousandths. These tenths or thousandths correspond to the fraction represented by its lot with respect to the whole of the co-ownership. For example, a co-owner who holds 100 thousandths has 100 votes in a general meeting, or a total of 10% of the total votes.
However, when a co-owner owns more than half of a share, he or she has a single majority.
In order to avoid all decisions being voted in its favor, the number of votes it has is reduced to the sum of the votes of the other co-owners.
Example :
A co-owner has 700 thousandths out of 1,000, the other co-owners have the remaining 300 thousandths. It is therefore in the majority. Its number of votes to vote is reduced to 300 thousandths.
It is also possible to vote by mail before the general meeting by means of a form.
To be taken into account at the general meeting, the mail-in ballot form shall be received by the liquidator no later than 3 free days prior to the meeting date.
When the voting form is sent by e-mail to the address indicated by the trustee, it is presumed to have been received on the date of dispatch.
Please note
Technical incidents that prevented a co-owner who used videoconferencing, audio-conferencing or any other electronic means of communication from making his vote known are mentioned in the report.
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Telephone administrative information - Allo Public Service
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The informants who answer you belong to the ministry in charge of housing and city planning.
Allocation of votes and prohibition on being represented by the liquidator
Participation of groups of tenants in a general meeting
Place of the general meeting
Appointment of the President and the tellers
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