- Reminder: operation of the extraordinary general meeting
- In which cases to call an extraordinary GA?
- Votes and decision making in extraordinary GA
No decision concerning a co-ownership can be taken without convening and discussion at a general meeting, ordinary or extraordinary. Return here on the case of convening an Extraordinary General Assembly, also called AGE.
Reminder: operation of the extraordinary general meeting
Unlike the ordinary General Assembly, which is held only once a year, it is possible to hold an Extraordinary General Assembly more than once, at any time. The EGM is convened in case of emergency or in case of major concern affecting the co-ownership.
The EGM must be convened at the request of one of the stakeholders, ie at the request of one or more co-owners whose votes represent more than a quarter of the total, at the request of the union or council union. The request for convocation must usually be sent 21 days before the date of the meeting except in case of urgency for which this period can be shortened.
In which cases to call an extraordinary GA?
The trustee, the union council, one or more co-owners may convene an EGM in the following cases:
- if the syndicate or one of the co-owners wishes to gather and consult the whole of the co-ownership. It can be a co-owner who needs the agreement of the other members of the co-ownership to start works or to buy a common part for example
- in case of deterioration of the co-ownership or common areas due to inclement weather, natural disaster or technological disaster
- In case of problem on the functioning of one of the common parts
- in case of urgent work to perform, whether it is maintenance or renovation work
Votes and decision making in extraordinary GA
In the event of an Extraordinary General Meeting, voting and the decision-making process take place in the same way as at an Ordinary General Meeting. In other words, the extent of the work to be done or the decision to be made will condition the voting process:
- a decision must be taken by simple majority, ie a number of votes "for" greater than a number of votes "against" for decisions related to maintenance or minor work
- by absolute majority, more than half of the co-owners, for work that affects the common elements or works that cause a modification
- by double majority, more than two-thirds of the votes, for works or decisions that result in a modification of the by-law of the co-ownership
- by unanimity, ie all votes, for a decision considered fundamental to the building