Convening of the general meeting of the co-owners

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

A general meeting of co-owners 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 general meeting bringing together all the co-owners.

This notice shall be given within six months of the last day of the preceding accounting year if the general meeting of the co-owners is called upon to vote on the provisional budget.

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 that it convene a general meeting. 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

FYI  

If the trustee fails to comply with the time limit for the summons or fails to attach the documents necessary for the summons, he may incur liability.

Apart from this compulsory convocation, any co-owner may ask the liquidator to convene a general meeting, at his own expense, to place on the agenda matters which concern only his rights or obligations.

The co-owner must notify request by the General Assembly specifying the items to be included in the agenda of the General Assembly. 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 shall then convene the general meeting within 45 days of the payment of such fees.

If the general meeting is convened by several co-owners, they 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 general meeting in consultation with the 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 may, however, be discussed at the general meeting without being voted on.

The board of trade unions or any co-owner may ask the trustee to include one or more items on the agenda of the next general meeting.

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

Such notification may be made at any time before the convocation is sent to the general meeting.

Warning  

late notice may prevent the trustee from placing the items on the agenda. In this case, they shall be postponed to the next general meeting.

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

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

It must be addressed to each co-owner, at least 21 calendar days prior to the date of the general meeting (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
  • How to view proof of condominium expenses before the general meeting

The trustee must attach a form allowing voting by mail to be taken when the general meeting is convened.

Co-owner's mail-in vote

it is not mandatory to attach a power of attorney.

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 general meeting and the holding of it, 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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