Copropriété general meetings: majorities, notice, appeals

The four majorities of the 1965 Act

Each co-owner has a number of votes equal to their share of the common parts, expressed in tantièmes (thousandths or other fractions); anyone holding more than half has their votes reduced to the total of the other owners’ votes (Act, art. 22).

Sources: Act of 10 July 1965, art. 24, 25 and 26. Abstentions are not counted under article 24 (service-public.gouv.fr). The meeting cannot, “by any majority whatsoever”, impose on a co-owner a change to the intended use of their private parts (art. 26).

Worked example (service-public.gouv.fr): in a building with 10 co-owners totalling 1,000 thousandths, an article 26 decision is adopted if 6 co-owners holding 700 thousandths vote in favour, since two thirds of 1,000 is 667.

Passerelles: a second vote at the same meeting

From article 25 to article 24. If the proposal does not obtain the majority of all co-owners but receives at least one third of those votes, the same meeting immediately holds a second vote by the article 24 majority (art. 25-1). For energy-saving works that do not reach this third, a new meeting called within three months on an identical proposal may decide by the article 24 majority.

From article 26 to article 25. If the proposal fails the double majority but has been approved by half of the members present, represented or voting by post, representing at least one third of the votes of all co-owners, the meeting immediately votes again by the article 25 majority (art. 26-1).

Notice of meeting and agenda

The meeting is called by the syndic. Calling it becomes mandatory when the owners’ committee or co-owners representing at least a quarter of the votes request it; if the syndic fails to act more than eight days after formal notice, the chair of the owners’ committee may call it themselves (decree, art. 8).

The notice states the place, date, time and agenda; the postal voting form is attached. It is served at least 21 days before the meeting (art. 9). Service-public.gouv.fr specifies that this period runs from the day after the first presentation of the recorded-delivery letter, or from the sending of the electronic recorded-delivery letter, and that failure to respect the period, even by one day, can lead to annulment if a co-owner takes the matter to court.

The meeting can only validly decide on items on the agenda; other items may be discussed without any binding decision (decree, art. 13).

Voting: in person, by proxy or by post

You can take part in person, by videoconference, or vote by post using the official form (Act, art. 17-1 A). Service-public.gouv.fr indicates that the form must reach the syndic no later than three clear days before the meeting, a deadline that also applies to giving notice of remote participation.

You can also give a proxy to a representative, whether a co-owner or not. Each proxy holder is limited to three delegations, unless the total of their votes and those of the owners they represent does not exceed 10% of the syndicat’s votes. The syndic, their spouse, civil partner, cohabiting partner, relatives and employees can neither receive a proxy nor chair the meeting (Act, art. 22).

Minutes and challenges

The minutes are signed at the end of the meeting or within eight days by the chair, the secretary and the scrutineers; under each item they record the result of the vote and the names and votes of those who opposed or abstained (decree, art. 17). The syndic serves them within one month of the meeting (Act, art. 42).

Co-owners who voted against or were absent then have two months from this notification to take action, failing which the right lapses (art. 42). Except in an emergency, works voted under articles 25 and 26 are suspended during these two months. Service-public.gouv.fr specifies that, if the minutes were never sent, the period is five years, and that the action is brought before the tribunal judiciaire (civil court), where a lawyer is compulsory.

Which professional to consult

When buying in a copropriété, the notaire (notary) analyses the minutes of recent meetings and the works voted. Service-public.gouv.fr lists the minutes of the last three years among the documents the seller of a lot prepares for the promesse de vente (preliminary sale contract); the agent immobilier (estate agent) often gathers them on the seller’s behalf. The diagnostiqueur (property surveyor) handles the surveys of the private parts. The role of the syndic, who calls and runs the meeting, is set out in our guide on the syndic de copropriété (building manager).