What are the voting rules for a general condominium meeting?
Verified 08 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The voting rules for general condominium meetings differ depending on the nature of the issues on the agenda.
The appointment or revocation of the co-ownership trustee or the members of the union council requires an absolute majority.
The absolute majority (said) majority of section 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on article 24 (majority of votes of the co-owners present, represented or who voted by correspondence).
The voting rules vary depending on the nature of the decision.
Decisions | Voting rule | Derogation |
|---|---|---|
Adaptation condominium settlement legislative and regulatory amendments | Simple majority | |
Amendment of the condominium by-law when it concerns the enjoyment, use and administration of common areas | Double majority | Unanimity is required when it does not concern the enjoyment, use and administration of the common parts |
The simple majority (said) majority of section 24) corresponds to the majority of the votes cast by the co-owners present or represented as well as those who voted by correspondence. Abstentionists are therefore not taken into account.
If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on clause 24.
The double majority (said) majority of section 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.
Example :
In a condominium of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, that is more than 2/3 of all tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd vote by a simpler majority. That's what we call the double majority.. For this 2nd voting is possible, the resolution must be approved by half of the co-owners representing at least one of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by the so-called majority of Article 25 (easier to get).
The voting rules vary depending on the nature of the decision.
Decisions | Voting rule | Accuracy |
|---|---|---|
Change in the burden-sharing resulting from a change in the use of a private part | Absolute majority | |
Request for the individualization of water supply contracts and carrying out the studies and work necessary for such individualization | Absolute majority | |
Abolition of the post of concierge or guardian and alienation from the | Double majority | The question of the abolition of the post and the disposal of the lodge should be included in the agenda of the same general meeting |
The absolute majority (said) majority of section 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on article 24 (majority of votes of the co-owners present, represented or who voted by correspondence).
The double majority (said) majority of section 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.
Example :
In a condominium of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, that is more than 2/3 of all tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd vote by a simpler majority. That's what we call the double majority.. For this 2nd voting is possible, the resolution must be approved by half of the co-owners representing at least one of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by the so-called majority of Article 25 (easier to get).
The voting rules vary depending on the nature of the decision.
Decisions | Voting rule | Derogations |
|---|---|---|
Decision to initiate the overall technical diagnosis of the building and its method of realization | Simple majority | |
Decision to equip covered or secure access parking spaces with charging stations for electric vehicles | Simple majority | |
Accessibility work for disabled persons or persons with reduced mobility, provided that it does not affect the structure of the building or its essential equipment | Simple majority | An absolute majority is required if the work affects the structure of the building or its essential equipment |
Authorization given to certain co-owners to carry out, at their own expense, work on accessibility for disabled persons or persons with reduced mobility who affect common areas or the exterior appearance of the building and in accordance with destination the building, provided that such work does not affect the structure of the building or its essential equipment | Simple majority | An absolute majority is required if the work affects the structure of the building or its essential equipment |
Authorization given to certain co-owners to carry out work at their own expense affecting the common areas or the exterior appearance of the building and conforming to the destination of the building | Absolute majority | |
Garbage disposal for hygiene reasons | Simple majority | |
Installation of thermal energy meters or heat distribution units | Absolute majority | |
Energy saving or greenhouse gas reduction work (whether or not including community-based work on private parties) | Absolute majority | |
All works involving transformation, addition or improvement | Absolute majority | |
Mode of opening access doors to the building | Absolute majority |
The simple majority (said) majority of section 24) corresponds to the majority of the votes cast by the co-owners present or represented as well as those who voted by correspondence. Abstentionists are therefore not taken into account.
If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on clause 24.
The absolute majority (said) majority of section 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
If the decision has received at least one vote, it may be subject to a 2nd simple majority vote on article 24 (majority of votes of the co-owners present, represented or who voted by correspondence).
The voting rules vary depending on the nature of the decision.
Decisions | Voting rule |
|---|---|
Act of acquisition of real estate and disposition act | Double majority |
Alienation of common areas where conservation is necessary to ensure compliance with destination of the building | Unanimity (voice of all co-owners) |
The double majority (said) majority of section 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.
Example :
In a condominium of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, that is more than 2/3 of all tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd vote by a simpler majority. That's what we call the double majority.. For this 2nd voting is possible, the resolution must be approved by half of the co-owners representing at least one of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by the so-called majority of Article 25 (easier to get).
- Act No. 65-557 of 10 July 1965: Article 24Simple majority
- Law n°65-557 of 10 July 1965 fixing the status of the condominium: Article 25Absolute majority
- Act No. 65-557 of 10 July 1965: Article 26Double majority or unanimity
- Act No. 65-557 of 10 July 1965: Rule 42Time limit for challenging a decision
- Act No. 65-557 of 10 July 1965: Rule 43Appeal against decision
- Decree n°67-223 of 17 March 1967: Article 18Time limit for challenging a decision
- Ministerial reply of 29 October 2019 on the work on accessibility of the common areas