- Why is the secret ballot forbidden in a General Assembly of co-ownership?
- What are the consequences of a secret ballot at a General Meeting of Co-ownership?
- What are the alternatives authorized to vote the resolutions in General Assembly of co-ownership?
The secret ballot is well known to the French who are often called to express their voice in this way, especially for municipal and presidential elections. However, this one is prohibited in General Assembly of co-ownership. Why co-owners can not use the secret ballot? What about resolutions approved by this method? Are there alternatives? Explanations.
Why is the secret ballot forbidden in a General Assembly of co-ownership?
Voting by secret ballot is effectively prohibited to take the co-ownership resolutions on the agenda of the General Assembly, for the simple reason that it does not allow to discern precisely who voted what between approval, opposition and abstention.
Without means of identification of voters, it is thus not possible to count the votes available to each co-owner according to his share, and thus to determine whether a deliberation was approved or not.
What are the consequences of a secret ballot at a General Meeting of Co-ownership?
The resolutions of General Assembly of co-ownership taken by vote by secret ballot being not validly formed, they can consequently be struck of nullity.
Any co-owner can therefore challenge the corresponding decisions, or even initiate an action before the courts which would then cancel the deliberations voted according to this method.
What are the alternatives authorized to vote the resolutions in General Assembly of co-ownership?
If the vote by secret ballot is to be avoided, other legal methods are possible, and they are expressed in the recommendation n° 4 of the Commission relative to the Co-ownership (CRC).
This stipulates that the vote by show of hands and the vote by roll call, and only these two modes, are admitted for the deliberations taken in General Assembly of co-ownership.
Thus, like the secret ballot, postal voting is also excluded.