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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 .
The general meeting of co-owners (AG) is usually held in the city where the building is located. Co-owners may participate in the general meeting by physical presence, video conference, audio conference or any other means of electronic communication. In principle, only co-owners can participate in general assembly meetings. However, any co-owner may delegate his or her right to vote to a proxy.
In principle, the AG meets in the municipality where the building is located. The condominium settlement may provide a different location.
- Co-owners who wish to be present (or their agent if they are represented)
- Condominium Trustee (he is the secretariat of the meeting unless the AG decides otherwise)
- Possibly 1 or more tellers designated by simple majority at the beginning of the sitting among the joint owners
- Possibly 1 or more external observers
Tenants of condominium units are not allowed to participate in the AGs.
However, tenants' associations affiliated to an approved organisation have the right to attend if they so wish. They can then make their comments without being able to vote.
Moreover, there is nothing to prevent an outside person (architect, craftsman, lawyer, prospective buyer) from attending an AG meeting if they obtain the agreement of the union members.
In principle, only co-owners can participate in the AGs.
However, any co-owner may, if he so wishes, give his right to vote to an agent who is a member or not of co-owner union.
Give a mandate to a person to be represented at a general meeting of co-owners
National Institute of Consumer Affairs (INC)
This mandate cannot be given to the trustee or the person with whom he lives as a couple or ascending and descendants (or those of the person with whom he lives as a couple).
This mandate cannot be given either to the trustee's employee or to the person with whom the employee lives as a couple or to the employee's ascendants or descendants.
- By physical presence
- By videoconference (meeting with video)
- By conference call
- Any other means of electronic communication
Video conferencing, audio conferencing or any other means of communication and the guarantees put in place to ensure the identity of each co-owner must first be decided in AG.
The co-owner who wishes to participate by video conference, audio conference or other electronic means of communication must inform the trustee 3 free days at the latest before the AG. This information must reach the trustee by all means.
Decisions are made in the course of the MA within the framework of a vote which differs depending on the nature of the decision to be taken.
The co-owners present or represented vote.
Voting must be in writing or by show of hands to identify the co-owners who participated in the vote and to record their votes.
Each co-owner has a number of votes proportional to his quota expressed in tenths or thousandths. These tenths or thousandths correspond to the fraction represented by its lot in relation to the whole condominium.
For example, a co-owner who holds 100 thousandths has 100 votes in the AG, or a total of 10% of the total votes.
However, when a co-owner has a share of more than half, he or she alone has a majority.
In order to avoid all decisions being passed in his favour, the number of votes available to him is reduced to the sum of the votes of the other co-owners.
One co-owner has 700 thousandths of a 1000, the other co-owners have the other 300 thousandths. It is therefore a majority. His number of votes to vote was reduced to 300 thousandths.
It is also possible to vote by correspondence before the AG is held by means of a form.
Co-owner who wishes to vote by mail must send his form to the trustee at least 3 free days before the date of the AG (unless sent by e-mail).
A presence sheet shall be kept indicating the name, domicile and number of votes of each co-owner:
- physically present or represented
- Participant in the AG by videoconference, audio conference or other electronic means of communication
- Voting by correspondence with the date of receipt of the voting form by the trustee
This presence sheet can be an array that can have multiple sheets. It can be held electronically.
It must be signed by each co-owner present physically or by his or her agent when a co-owner is represented.
Signing is not required for AGM participants by videoconference, audio conference or other electronic means of communication.
In the event of a participant's delay or early departure, the time must be mentioned.
The attendance record shall be certified accurate by the presiding officer appointed by the AG.
The attendance form shall be annexed to minutes.