The month of June is often the period of General Meetings for all those who own a condominium apartment. Here is a reminder of the main rules governing this annual meeting, which is sometimes instructive but possibly boring or even stormy…
once a year
The trustee is required to convene an ordinary General Assembly at least once a year in order to validate the decisions necessary for the life of the co-ownership, in particular the approval of the accounts for the closed financial year and the vote on the provisional budget, the election members of the union council, the performance of work or the appointment of the syndic. The vote on the provisional budget is an important step since it will determine the amount of calls for charges paid quarterly.
Extraordinary General Meeting
Other GAs may be convened on an extraordinary basis if the syndic deems it necessary, in particular in the event of urgent work to be carried out. The union council or the co-owners (at their expense) can also request the holding of an extraordinary GA.
Summons
The convocation must be sent to each co-owner within a period of at least 21 days before the holding of the GA. It is generally sent by registered letter with acknowledgment of receipt but can be sent by electronic registered letter or delivered by hand with signature. The convocation must indicate the place, date and time of the meeting of the assembly and contain the agenda with the details of each resolution or question submitted to the deliberation of the GA.
Postal voting
Widely used during the health crisis, postal voting remains possible thanks to the form provided with the invitation to the GA according to a model defined by ministerial decree. To be taken into account, this form must however reach the trustee at least 4 days before the date of the general meeting.
Election of union council members
The agenda of the GA generally provides for the appointment of the members of the union council which is submitted to the vote of the co-owners. Applications may however be presented during the meeting while remaining subject to the vote of the co-owners.
Vote of the co-owners
The co-owners have three voting options on the items on the agenda: “For”, “Against” or “Abstention”. For a resolution to be adopted, it must receive a majority depending on the subject of the vote, knowing that each co-owner has a number of votes corresponding to his directors’ fees.
Majority rules
Several majority rules apply to votes: simple, absolute or double. With the simple majority, the easiest to obtain, the majority of the votes of the co-owners present or represented at the GA will suffice to make a decision.
Dispute deadline
The validity of the GA or the vote of a resolution can be contested. In the case of work voted on by an absolute majority or a double majority, it is therefore necessary to wait for the expiry of the two-month contesting period open to the co-owners, before starting to carry out the work.
TO KNOW
According to a guide published by Anah, in partnership with Anil and CLCV, 31,883 volunteer trustees were counted in France on January 1, 2022, with responsibility for the management of nearly 255,064 housing lots.