Convening of the general meeting of the co-owners

Verified 17 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

The syndicate of co-owners speaks through the general meeting ordinary or extraordinary. Decisions related to the management and administration of the condominium are taken at these meetings. A general meeting must therefore be held at least once a year. The establishment of the general meeting requires the sending of a summons. What are the rules for calling a general meeting? We present you with the information you need to know.

The requirement to convene condominiums at a general meeting varies depending on the size of the condominium and the number of condominiums.

A distinction must be made between:

  • Buildings that consist of more than 5 lots
  • Small condominiums, that is to say those that include maximum 5 lots for use in dwellings, offices or commerce or those of which the provisional budget average, over a period of 3 years, is less than €15,000
  • Immovable property owned by only 2 co-owners.

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General case

The general meeting cannot be held spontaneously. A summons must obligatory be sent to all co-owners of the building.

Small condominiums

In small condominiums, the convening of a general meeting is obligatory for:

  • Voting on the provisional budget 
  • Approval of accounts.

The other decisions may be taken unanimously by the votes of the co-owners on the occasion of written consultation, without the need to convene a general meeting.

Building owned by 2 co-owners

Summoning to the general meeting is not compulsory in this case. The 2 co-owners making up the joint owners' union may meet without prior notice to make all the decisions.

It is up to the trustee to call the co-owners to the general meeting. But there are mortgages in which the president of the trade union council and co-owners can also send a summons.

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Trustee

The trustee must call the co-owners to a general meeting at least once a year, during which the provisional budget and the works fund shall be voted on.

It is also obligated to convene a general meeting in the following cases:

  • Summons requested by trade union council, if there is one, or by one or more co-owners representing at least 1/4 of the votes of all co-owners (unless the co-ownership rules does not provide for fewer votes)
  • Summons requested by a co-owner to vote on one or more questions related to his rights and obligations
  • In case of urgent work carried out at the initiative of the liquidator and without the authorization of the syndicate of co-owners. The trustee must immediately convene a general meeting to ratify (give his agreement later) the work order
  • In case of technological disaster damaged the common areas of the building. The trustee must convene the co-owners within 15 days to decide on the rehabilitation work.

Please note

The request for a meeting sent by the union council or by one or more co-owners must be sent to the trustee by lRegistered letter with acknowledgement of receipt. The letter must specify the question(s) to be included in theagenda. The relevant documents (specifications, contract, etc.) for the purposes of deciding on the questions submitted must also be annexed to the letter.

You can use a template to write your mail:

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

President of the Trade Union Council

The general meeting may also be convened by the President of the Trade Union Council in 2 cases :

  • In case ofimpediment of the trustee, the president of the trade union council may then convene a general meeting to appoint a new trustee
  • In case of refusal or negligence the trustee to comply with the request to convene the trade union council or one or more co-owners representing at least 1/4 of the votes of all the co-owners. In this case, the President of the Trade Union Council shall give formal notice, by registered letter with acknowledgement of receipt, the trustee shall comply with his obligation to summon. In the absence of a reply from the trustee for at least 8 days after the first presentation of the registered letter, the general meeting shall be convened by the President of the Board of Trade Unions.

Co-owners

The general meeting may be convened by any co-owner in limited cases.

Co-ownership with a trustee

Any co-owner of a building may convene a general meeting if he or she 4 cumulative conditions following:

  • The trustee refuses to comply with the request to convene the union council, if one exists, or one or more co-owners representing at least one fourth of the votes of all the co-owners
  • There is no trade union council or if the members of that council have not been appointed or if the president of that council does not convene the general meeting,
  • A letter of formal notice sent to the trustee and/or the president of the union council to respect their obligations was not followed up for at least 8 days
  • The co-owner has the authorization of the President of the court of lawof the location of the immovable to convene a judicial meeting. It is compulsory to be accompanied by a lawyer for this procedure.
Co-ownership without trustee

Any co-owner may convene a general meeting if the co-owner does not have a trustee.

This situation relates mainly to the assumption that the trustee's term of office will expire, that he will resign or that he will die.

The General Assembly convened shall have exclusively for appoint a liquidator.

Warning  

The absence of a trustee shall not result from a failure to appoint a trustee at a general meeting convened to appoint the trustee. In this case, the liquidator shall be appointed by the President of the Judicial Tribunal, on request:

  • One or more co-owners
  • Or the mayor of the commune
  • Or the president of the public intercommunal cooperation institution responsible for the housing of the location of the building.

It is compulsory to be accompanied by a lawyer for this procedure.

Co-ownership owned by 2 co-owners

Where the property is owned by only two co-owners, each may convene the other at a general meeting specifying the items on the agenda.

The summons must be sent to all co-owners.

It is stated that:

  • In case ofdivision or dismemberment of the right to property (case ofusufruct and the bare-ownership), the summons shall be addressed to the appointed common representative
  • In the case of lots belonging to spouses common in good, they must all 2 be summoned
  • In the case of SCI, the summons shall be sent to the business manager.

The timing varies depending on the nature of the general meeting.

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Ordinary General Assembly

The summons to theordinary general meeting must be sent within 6 months from the last day of the preceding accounting year.

Extraordinary General Assembly

The summons to thespecial general meeting shall be sent as soon as it is considered necessary or useful.

The time limit for calling a general meeting will vary according to the urgency of the decisions to be taken.

Normal case

The summons must be sent to each co-owner at least 21 calendar days before the date of the general meeting, unless the co-ownership rules has provided for a longer period.

The starting point for this deadline is:

  • The day after the first delivery of the registered letter
  • The day after the certified provider (e.g. AR24, Post Office) sends the recipient the e-mail announcing the e-registered letter
  • The date of signing of the co-owner in case of delivery of the meeting.

In practice, the summons must be sent at least 1 month before the meeting is held in order to comply with the legal deadline.

Warning  

Failure to comply with the time limit for calling a meeting, even for a single day, shall render the general meeting void. However, that penalty shall apply only if a co-owner applies to the court of the place where the immovable is situated for such a claim. This requires the assistance of a lawyer.

Emergency situation

In case of urgency, the time limit may be inferior 21 days. This is particularly the case when the general meeting must take an immediate decision related to the physical preservation of the building (e.g. laying of studs in case of partial collapse of the building).

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 signing.

Please note

Since 9 April 2024, general meeting notices, minutes of AGs and letters of formal notice have been sent electronically.

The co-owners retain the right to receive notifications by post. They must apply to the trustee.

Co-owners must inform the trustee of their change of residence.

They must communicate the mailing address of their new home and their e-mail address by:

  • Registered letter with notice of receipt
  • Or e-registered letter if they have agreed to receive notifications and formal notice electronically.

The notice shall contain:

  • Information on the venue, date and time of the meeting
  • The agenda specifying each of the questions put to the vote by the co-owners. Each question must be drafted in clear terms and voted on separately.
  • How to consult the proof of condominium expenses before the general meeting
  • The place, date, and time at which expense documents are reviewed. Between the convening of the general meeting and its holding, the liquidator must make available to each co-owner the documents justifying the annual expenses of the co-owners' union (e.g. invoices, supply and operating contracts) and a note explaining the calculation of the collective heating, cooling and domestic hot water charges. This provision must last at least 1 working day.
  • The documents necessary for the validity of a decision (e.g. financial statement of the joint owners' union or draft provisional budget or trustee contract) or for the information of the joint owners.
  • The mail-in ballot form. A template for this form is available:

Co-owner's mail-in vote

Agenda of the General Assembly

The agenda shall be drawn up by the liquidator with the trade union council. However, the rules do not mention penalties if consultation does not take place.

The agenda shall contain all the items to be discussed and voted on at the General Assembly.

Reminder

Each question must be drafted precisely, avoiding vague or ambiguous wording, and may have only one purpose (e.g. voting on the amount of the provisional budget).

Each question must state the majority by which it will be voted.

FYI  

The general meeting shall take valid decisions only on items on the agenda. A subject not on the agenda may, however, be discussed at the meeting, but may not be voted on.

Supplementary agenda

Any co-owner or the board of trade unions may ask the trustee to include one or more items on the agenda of the next general meeting. This notification can be done at any time.

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

Warning  

The request for a resolution to be placed on the agenda of the general meeting must be sent to the trustee before the notice is sent. Late notice may prevent the trustee from placing the items on the agenda. In this case, they shall be submitted to the next general meeting.

One draft resolution must be attached to the consignment where the question relates, in particular, on:

  • The conditions for payment of the provisions of the provisional budget
  • The trustee's additional fees in the event of work
  • A decision that must be voted on by the simple, absolute or double majority
  • Building improvements, such as the conversion of one or more existing pieces of equipment, the addition of new elements, the fitting-out or creation of common-use spaces
  • The raising or construction of buildings to create new premises for private use
  • The trustee's authorization to take legal action.

The application must also be accompanied by a document specifying the location and details of work in the case of accessibility or common areas or the exterior appearance of the building.

FYI  

The trustee cannot judge the value or timeliness of the request. He must obligatory place the item on the agenda of the general assembly.

If a co-owner has not been summoned, he or she may:

  • Seek justice for thecancelation of the general meeting within 2 months of notification of the minutes of the meeting
  • Hold the trustee liable if the failure to convene caused him harm.

Both of these steps require the assistance of a lawyer.

In addition to the absence of a general meeting, the irregularity of the general meeting relates to numerous cases, including:

  • Failure to comply with the time-limit for calling a meeting
  • Absence of mandatory information on the invitation (date, place, time)
  • Summons by a person who is not entitled to summon
  • Failure to provide a document required for the validity of a decision (estimate, contract, financial statement, draft budget estimate, etc.) or for the information of the co-owners
  • Impossibility of exercising his right to consult the supporting documents of the expenses prior to the general meeting.

In such cases, it is possible to bring an actionannulment of the general meeting or of one or more decisions.

This request is addressed to the court of the place where the building is located. This requires the mandatory support of a lawyer.

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