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Conduct of general condominium assemblies
Until September 30, 2021, general meetings may be held remotely by video or audio conference or any other electronic means of communication enabling the identification of joint owners.
In cases where remote maintenance is not possible, the co-ownership trustee may provide that decisions of a general meeting will be made solely by mail-in vote.
This is what the law n°2021-689 of 31 May 2021 .
A general meeting of co-owners (AG) must be held at least 1 times a year. Each co-owner is summoned individually by the co-ownership trustee. An agenda must be established before the general meeting. It is a document summarising all the questions that will have to be voted on in this assembly.
The condominium trustee shall convene at least 1 annual meeting of the joint owners.
This notice must be issued within 6 months from the last day of the previous accounting year.
If he fails to comply with this obligation, union council or 1 or more co-owners (representing at least ¼ of the votes of all co-owners) may ask him to call an AG. The condominium settlement may provide for fewer 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 call the general meeting of co-owners
National Institute of Consumer Affairs (INC)
In addition to this mandatory summons, any co-owner may request the trustee to convene an AG, at his own expense, to place on the agenda matters that concern only his rights or obligations.
Co-owner must notify its request by specifying the issues to be included on the agenda of the AG. Each question is accompanied by its draft resolution.
The trustee has 15 days from this notification to inform the co-owner of the expected costs and fees. The trustee then summons the AG within 45 days of the payment of these fees.
If the AG is convened by more than one co-owner, the co-owners must specify the distribution of fees and expenses between them. Without specifying, the costs are shared equally among these joint owners.
Please note : the trustee shall post the date of the next general meeting and indicate the possibility that joint owners may request the inclusion of one or more items on the agenda. This posting must be made within a reasonable time before the upcoming meeting, and reproduce article 10 of the decree of 17 march 1967 .
The trustee is obliged to draw up the agenda of the AG in consultation with the union council. However, the regulations do not mention penalties if consultation does not take place.
The agenda provides a summary of all the issues to be voted on at the meeting.
However, an item not on the agenda may be discussed in AG without being voted on.
The union council or any co-owner may ask the trustee to include one or more issues on the agenda of the next AG.
The request must be made by registered mail with notice of receipt. You can use a template to write your mail.
Ask for additional questions to be included on the agenda of the joint owners meeting
National Institute of Consumer Affairs (INC)
This notification may be made at any time prior to the despatch of the notice to the AG.
Warning : late notice may prevent the trustee from placing the issues on the agenda. In this case, they are pushed back to the next AG.
The summons must be in writing.
It must be addressed to each co-owner, at least 21 calendar days prior to the date of the AG (unless urgent or longer period provided by the condominium regulation) preferably by registered mail with notice of receipt.
The invitation shall include the following information:
- Meeting Date and Time
- Agenda specifying each item for discussion
- Modes of consultation of proof of co-ownership prior to the holding of the AG
The trustee must attach to the convocation of the AG a form allowing to vote by correspondence.
Depending on the nature of the issues on the agenda, documents should be sent to the co-owners, at the latest at the same time as the meeting.
Please note : all documents attached to the convocation shall be annexed to the convocation.
Between the convocation of the AG and the holding of the AG, the trustee must make available to each co-owner the supporting documents of the co-ownership charges classified by categories. This must last at least 1working day.
The place of consultation of the supporting documents can be either at the seat of the trustee or at the place where it usually provides the reception of the joint owners.
The day(s) and time(s) of the inspection of the supporting documents must be indicated in the notice.
Any co-owner may obtain a copy of the supporting documents at his own expense.