- Who has the right to vote in AG of co-ownership?
- How are the votes divided between the co-owners?
- Votes and Majorities
Decisions taken during a general meeting, whether ordinary or extraordinary, determine the maintenance and management of the property held in co-ownership. Return here on the right to vote associated with each of the co-owners, and the voting conditions.
AG of condominiums: the conditions and voting rights
Who has the right to vote in AG of co-ownership?
All co-owners of a building have the right to access and vote at General Meetings, whether they own a cellar or a large apartment. To participate, co-owners must therefore justify their title deed. There are special cases:
- If a property belongs to several owners, only one of them can vote.
- For a married couple under the community regime, the couple has only one vote for both.
- For a married couple under the separation of property regime, only the owner can vote.
- In case of undivided ownership, each of the co-owners has an undivided share.
Finally, the absence of one of the co-owners during a General Assembly can be harmful to decision-making. In the event of absence, it is thus important to give a power in blank or to be represented by transmission of a written and signed mandate. The agent must generally be another co-owner but can not be a member of the union, the spouse or the pacsé partner, or an agent of the principal.
How are the votes divided between the co-owners?
The number of votes attributed to each of the co-owners is fixed in the by-law of the co-ownership. The number of votes available to each of them depends on his share common parts, namely the fraction of the property that he has. The quota depends on the surface and the situation of the lot.
To note: the share of a co-owner can represent more than half of the common parts. In this case, the number of votes of the co-owner is reduced to the total of the votes of the other co-owners.
Votes and Majorities
The rules of majority, and therefore of decision-making, differ according to the nature of the decision to be taken. All the rules relating to the decisions and to the majority necessary for the decision-making (to be simple majority, absolute, double majority or unanimity) must appear in the regulation of the co-ownership.