Bringing together a general assembly (AG) of co-ownership in 2020 and early 2021 was a challenge! Some of the meetings were held by correspondence and a “Certain number did not take place at all”, regrets Francis Bourriaud, founder of Syndicalur, condominium advisor. Good news: since the lifting of health restrictions on June 9, meetings can once again be held normally, that is to say in the presence of the co-owners.
And it becomes urgent to bring them together. Without these, the accounts and the provisional budget cannot be approved, blocking the operation of the building. The trustee’s mandate has sometimes expired and the building should therefore, in theory, ask the court to appoint a provisional trustee in charge of convening a new general meeting, resulting in delays in decisions and significant costs for the building.
Postal votes have, in some cases, made it possible to deal with the most urgent but without being able to exchange visually, the heavy work however necessary is not voted and often is not even proposed to the vote of the co-owners. “One of the buildings that I recommend would like to undertake work for more than 1 million euros. Impossible to pass this resolution without the co-owners being able to discuss ”, believes Francis Bourriaud.
Compliance with the co-ownership regulations
Another reason to hold a meeting quickly: MaPrimeRénov, aid intended for condominiums that want to carry out insulation work, must stop at the end of 2022. Vote on the various studies making it possible to know which works would be the most effective, then the vote of work itself requires several assemblies to be held without delay.
Finally, the Elan law, which entered into force on November 23, 2018, requires the syndicate of co-owners to bring its co-ownership regulations into conformity within three years. This may seem inconsequential, but lots with private enjoyment such as balconies, loggias, terraces or converted attics that have not been regularized in the regulations may lose their status and become common areas again.
A notary could refuse a sale within the co-ownership on the grounds that the compliance has not been regularized. If the co-ownership is in this case, it is necessary to have voted for an update of the regulation before November 24, 2021. “The public authorities plan to postpone this deadline, but it is not yet decided for the moment”, says Francis Bourriaud.
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