What are the rules for voting in a general meeting of co-ownership?
Verified 16 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The voting rules in the general meeting of co-ownership differ according to the nature of the issues on the agenda.
Voting rules vary depending on the nature of the resolution being voted on.
Decisions | Voting Rule |
|---|---|
Appointment or dismissal of the condominium trustee and the members of the trade union council | Article 25 absolute majority |
Delegation of power to the president of the trade union council to bring legal action against the trustee for compensation for the damage suffered by the syndicate of co-owners | Article 25 absolute majority |
Any delegation of power to the liquidator, the trade union council or any other person to take any act or decision referred to in Article 24 (simple majority) | Article 25 absolute majority |
The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
Voting rules vary depending on the nature of the resolution being voted on.
Decisions | Voting Rule | Accuracy |
|---|---|---|
Adaptation of the co-ownership rules necessitated by legislative and regulatory changes since its establishment | Article 24 simple majority | |
Amendment or establishment of the rules on co-ownership where they concern the use, use and administration of common areas | Double majority of Article 26 | Unanimity shall be required where it does not concern the use, use and administration of the common areas (for example, in the event of a change in destination of the building) |
The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.
The double majority (said majority of article 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 co-ownership of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, or more than 2/3 of all the tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd simpler majority voting. That's what we call the double majority. So that this 2nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least 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 a majority called Article 25 (easier to obtain).
Voting rules vary depending on the nature of the resolution being voted on.
Decisions | Voting Rule | Accuracy |
|---|---|---|
Change in load distribution resulting from a change in the use of a private part | Article 25 absolute majority | |
Request for the individualization of water supply contracts and the carrying out of the studies and works necessary for this individualization | Article 25 absolute majority | |
Removal of the position of janitor or caretaker and alienation of the dressing room when it belongs to the condominium | Double majority called Article 26 | Unanimity is required if the condominium regulation provides that the abolition of the concierge service affects the destination of the building or the manner in which the private parts are enjoyed |
The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
The double majority (said majority of article 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 co-ownership of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, or more than 2/3 of all the tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd simpler majority voting. That's what we call the double majority. So that this 2nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least 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 a majority called Article 25 (easier to obtain).
Voting rules vary depending on the nature of the resolution being voted on.
Decisions | Voting Rule | Accuracy |
|---|---|---|
All work involving conversion, addition or improvement | Article 25 absolute majority | |
Decision to engage the overall technical diagnosis of the building and its embodiment | Article 24 simple majority | |
Method of preparation of the draft Multi-annual Work Plan (MWP) | Article 24 simple majority | The adoption of all or part of the draft TPP must be voted on by an absolute majority, known as thearticle 25 |
Decision to increase the annual contribution to the works fund in the absence of a multiannual work plan | Article 25 absolute majority | |
Decision to equip private secure access parking spaces with charging stations for electric and plug-in hybrid vehicles and to carry out a study on the suitability of existing electrical installations for charging equipment and, if necessary, the work to be carried out to that end | Article 24 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 | Article 24 simple majority | The absolute majority called thearticle 25 is required if the work affects the structure of the building or its essential equipment |
Authorization given to one or more co-owners to carry out at their own expense the work to secure bicycle parking in the common areas provided that this work does not affect the structure of the building, its destination or its essential equipment and that it does not jeopardize the safety of the occupants | Article 24 simple majority | |
Hygiene requirements for garbage disposal | Article 24 simple majority | |
Installation of thermal energy meters or heating cost allocators | Article 25 absolute majority | |
Divisional cold water meter installation | Article 25 absolute majority | |
Work to equip the building with a device for individualizing heating costs and presentation of specifications prepared for this purpose | Article 24 simple majority | |
Energy saving or greenhouse gas emission reduction work (whether or not including work of collective interest on private parts) | Article 25 absolute majority | Where the draft resolution has not received at least one third of the votes of all the co-owners, a new general meeting, if convened within three months on an identical draft, may act by a so-called majority of Rule 24 |
Method of carrying out and carrying out work made mandatory by a legislative or regulatory provision or an administrative police order relating to public safety or health | Article 24 simple majority | |
Work required to conserve the building and maintain the physical health and safety of the occupants, including work on the stability of the building, the enclosure, the canopy or the networks, and work to ensure that the dwellings comply with the health, safety and equipment standards | Article 24 simple majority | |
Method of carrying out and carrying out the work notified in the case of property restoration, in particular the right of the syndicate of co-owners to ensure the project management of the works relating to the private parts of all or part of the co-owners and which are then carried out at the expense of the co-owner of the lot concerned | Article 24 simple majority | |
Installation of a radio station for the deployment of the radio network open to the public or installation or modification of a communal antenna or electronic communications network within the building as far as they relate to common areas | Article 25 absolute majority | |
Installation or modification of indoor or outdoor electrical installations for the supply of power to secure parking spaces for private use for the charging of electric or plug-in hybrid vehicles, and construction of electrical charging installations for individual counting of these same vehicles | Article 25 absolute majority |
The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.
The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
Voting rules vary depending on the nature of the resolution being voted on.
Decisions | Voting Rule |
|---|---|
Permanent permission for municipal police to enter common areas | Article 24 simple majority |
Method of opening the building's access doors | Article 25 absolute majority |
Authorization to transmit to law enforcement authorities images made for the protection of common areas | Article 25 absolute majority |
The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.
The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
Voting rules vary depending on the nature of the resolution being voted on.
Decisions | Voting Rule |
|---|---|
Conditions governing the making of instruments of disposition in respect of the common parts or of rights ancillary to those parts, where such instruments result from legal or regulatory obligations such as those relating to the establishment of common courts, other servitudes or assignment of rights of joint citizenship | Article 25 absolute majority |
Real estate acquisition certificate and act of disposition | Double majority of Article 26 |
Alienation of common areas where storage is necessary to comply with destination of the building | Unanimity (voice of all co-owners) |
The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
The double majority (said majority of article 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 co-ownership of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, or more than 2/3 of all the tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd simpler majority voting. That's what we call the double majority. So that this 2nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least 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 a majority called Article 25 (easier to obtain).
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