- Composition of an AG of condominium
- Appointment of the chairman of an AG of co-owners
- Who can be elected chair of a GA?
- The role of the president of the general assembly
- Responsibility of the chairman of the general meeting
Appointing a chairperson at a general meeting of co-owners is mandatory. Beware, the trustee can not in any way represent this function under penalty of causing the nullity of the AG. What then are the terms and rules relating to the appointment of the chairman of an MA of co-owners?
The appointment of the president of a GA of co-owners
Composition of an AG of condominium
For decisions made at a GA to be validated it is essential, if not mandatory, to follow specific rules. An MA is first made up of all co-owners who own a lot in the co-ownership, regardless of the size of the lots. They can be represented by a representative in case of absence. The syndic of co-ownership can play the role of secretary of meeting, unless otherwise decided by the general assembly, as stipulated in article 15 of the decree of March 17, 1967: " The trustee provides the secretariat, unless the assembly decides otherwise ».
Appointment of the chairman of an AG of co-owners
Before starting a general meeting, the co-owners appoint a chairperson. This designation is the result of a vote of co-owners by a simple majority (present or represented by a proxy). One or two tellers can also be elected on the same principle.
Who can be elected chair of a GA?
A co-owner may be elected to act as chairperson. But it's often the president of the union council which more generally ensures this function.
In accordance with article 22 of the law of July 10, 1965, the trustee, his spouse or his servants are not authorized to chair the general meeting. Clearly, the trustee can not be elected as chairman of meeting under penalty of nullity of the general meeting of co-ownership. He can nevertheless play the role of office secretary.
The role of the president of the general assembly
The function of chairman of an AG is to assume a strategic role in decision-making. The President opens the meeting, leads the debates and calls for votes on each item on the agenda. He also checks the attendance sheet and validates the AG report before sending it to the co-owners.
Responsibility of the chairman of the general meeting
The responsibility of the president is fully engaged during the general assembly. It is up to him to lead the meeting, to formulate the questions, to notify the votes and to manage any irregularities or conflicts.
Finally, the presiding officer must know that his criminal responsibility may be questioned jointly with the secretary of the meeting. The complaints of the co-owners may relate to forgery and use of forgery, especially if the president has signed a report that does not transcribe the decisions voted at the general meeting.