Conduct of a general meeting of the co-owners

In principle, the co-owners meet in AG in the municipality where the building is located. The co-ownership rules may provide for a different location.

The meeting can therefore be held in a room rented for the occasion, at a co-owner's home, in the trustee's premises, etc.

The following people can participate in the general meeting of the co-owners:

• Co-owners who wish to be present (or their representative if represented)
• Condominium Trustee (the secretariat of the meeting is usually provided by the executive board unless otherwise decided by the general assembly)
• Possibly 1 or more external speakers.

Tenants of condominium dwellings are not allowed to participate in GAs unless they have been mandated by their landlord to represent them.

Tenants' associations affiliated with a recognized organization have the right to attend if they wish. They can then make their comments, but they cannot vote.

Nothing prohibits an outside person (architect, craftsman, lawyer, future buyer) from attending a meeting of AG if he obtains the agreement of the members of the condominium owners' union.

At the beginning of a general meeting, the following shall be appointed by a simple majority:

• A presiding officer, from among the co-owners present
• A session secretary (usually the trustee, unless the general meeting decides otherwise)
• Possibly 1 or more scrutineers, among the co-owners present.

Any co-owner may give his right to vote to an agent who may or may not be a member of the condominium pool.

Mandate a person to be represented at a general meeting of co-owners

This mandate cannot be given to the trustee or the person he lives with as a couple or its ascendants and descendants (or those of the person with whom he lives as a couple).

Nor may this mandate be given to the employee of the liquidator or to the person with whom the employee lives as a couple or to the ascendants or descendants of the employee.

When the trustee receives a mandate with delegation of vote without indicating the name of the representative, he hands this mandate at the beginning of the meeting to the president of the union council (or, failing that, to a member of the union council) to appoint a representative to exercise this delegation of vote.

In the absence of the trade union council or in the absence of a trade union council, it is for the presiding officer to appoint the representative.

It is possible to attend the general meeting:

• By physical presence
• By videoconference (meeting with video)
• By audio conference (telephone meeting)
• Any other means of electronic communication

The videoconference, audio-conference or any other means of communication and the guarantees put in place to ensure the identity of each co-owner must be decided in advance in AG.

The co-owner who wishes to participate by videoconference, audio-conference or any other electronic means of communication must inform the trustee 3 free days at the latest before the GA. This information must reach the trustee by all means.

A record shall be kept indicating the name, address and number of votes of each co-owner:

• Physically present or represented
• Attendee to the GA by videoconference, audio-conference or other electronic means of communication
• Voting by mail with the date of receipt of the voting form by the trustee

This presence sheet may be a table which may comprise several sheets. It may be held in electronic form.

It must be signed by each co-owner physically present or by his representative when a co-owner is represented.

Signatures are not required for AG participants by videoconference, audio-conference or other electronic means of communication.

In the event of a delay or early departure of a participant, the time must be stated.

The attendance record shall be certified as accurate by the chairperson appointed by the AG.

The attendance form must be annexed to the report.

Decisions are taken during the GA in the framework of a vote that differs depending on the nature of the decision to be taken.

The co-owners present or represented shall vote.

Voting must be in writing or by show of hands to identify the co-owners who took part in the vote and to count their votes.

Each co-owner has a number of votes proportional to his share expressed in tenths or thousandths. These tenths or thousandths correspond to the fraction represented by its lot with respect to the whole of the co-ownership. For example, a co-owner who holds 100 thousandths has 100 votes in AG, or a total of 10% of the total votes.

However, when a co-owner owns more than half of a share, he or she has a single majority.

In order to avoid all decisions being voted in its favor, the number of votes it has is reduced to the sum of the votes of the other co-owners.

It is also possible to vote by mail before the GA by means of a form.

Co-owner's mail-in vote

The 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 GA (unless sent by e-mail).