Convening of the general meeting of the co-owners

Verified 09 June 2021 - Directorate for Legal and Administrative Information (Prime Minister)

A general meeting of co-owners (GA) must be held at least once a year. Each co-owner is summoned individually by the co-ownership trustee. An agenda must be set before the general meeting. It is a document summarizing all the issues that will have to be voted on in this House.

The condominium trustee must convene at least once a year a GA bringing together all the co-owners.

Such notice must be given within six months of the last day of the preceding accounting year.

If he fails to do so, the trade union council or 1 or more co-owners (representing at least ¼ of the votes of all the co-owners) may request the AG to be convened. The co-ownership rules may provide for a lower number of votes.

The request must be made to the trustee by registered mail with acknowledgement of receipt. You can use a template to write your mail.

Ask his trustee to convene the general meeting of the co-owners

Apart from this compulsory summons, any co-owner may ask the trustee to convene an AG, at his own expense, to place on the agenda issues that relate solely to his rights or obligations.

The co-owner must notify the request, specifying the issues to be included on the agenda of the GA. Each question shall be accompanied by its draft resolution.

The trustee has 15 days from this notification to inform the co-owner of the estimated costs and fees. The trustee then convenes the AG within 45 days of the payment of these fees.

If the AG is convened by more than one co-owner, the latter must specify the distribution of costs and fees between them. Without specifying, the costs are shared equally among these co-owners.

Please note

the trustee shall post the date of the next general meeting and indicate the possibility for co-owners to request the inclusion of one or more items on the agenda. This display must be made within a reasonable time before the next meeting, and reproduce article 10 of the decree of 17 march 1967.

The trustee has an obligation to draw up the agenda of the AG in consultation with the trade union council. However, the rules do not mention penalties if consultation does not take place.

The agenda summarizes all the questions that will have to be voted on during this Assembly.

A subject not on the agenda can, however, be discussed in the GA without being voted on.

The board of trade unions or any co-owner may ask the trustee to put one or more issues on the agenda of the next GA.

The request must be made by registered post with notice of receipt. You can use a template to write your mail.

Request the inclusion of additional items on the agenda of the meeting of co-owners

This notification may be made at any time before the invitation is sent to the AG.

Warning  

late notice may prevent the trustee from placing the items on the agenda. In this case, they are pushed back to the next GA.

The convocation must be notified to the co-owners by one of the following means:

  • Registered letter with notice of receipt
  • Electronic channel
  • Discount against receipt or sign-in

It must be addressed to each co-owner, at least 21 calendar days before the date of the GA (unless there is an urgency or a longer period provided for in the co-ownership rules).

The notice shall contain the following information:

  • Location
  • Date and time of the meeting
  • Agenda specifying each of the items for discussion
  • Methods of consulting proof of condominium expenses before holding the GA

The trustee must attach to the summons of the AG a form allowing to vote by mail.

Co-owner's mail-in vote

Depending on the nature of the agenda items, of documents must be sent to the co-owners, at the latest at the same time as the summons.

All documents must be attached to the notice of meeting (including the mail-in ballot form).

Between the convening of the AG and the holding of the latter, the liquidator must make available to each co-owner the supporting documents of the co-ownership charges classified by categories. This provision must last at least 1working day.

The place of consultation of the supporting documents may be either at the trustee's seat or at the place where he usually welcomes the co-owners.

The day(s) and time(s) on which the supporting documents are to be consulted must be stated in the invitation to tender.

Any co-owner may obtain a copy of the supporting documents at his own expense.

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