The Content Of The Article:

Decisions concerning the management of a co-ownership are voted at general meetings. All of these decisions, and the voting procedures, are noted in what is known as the minutes. Back to this mandatory document according to article 7 of the 1967 decree.

What is the minutes of a general meeting of co-ownership?

The minutes of a general meeting are obligatory in accordance with Article 7 of the 1967 Decree. No details are given concerning its editor however it is usually written during the general meeting by the secretary of the meeting. It is customary for this text to be written in the simplest, clear and precise form possible in order to be understood by all and not to create an error of interpretation. The minutes must detail all the results of the votes following the questions on the agenda.
To note: the minutes must be notified by the trustee to the co-owners opponents and defaulters (ie absentees not represented) by registered letter with acknowledgment of receipt within two months following the general assembly. From the receipt of this statement, the opposing and defective co-owners have two months to contest a decision taken during the GA. To do this, they must bring an action in nullity before the tribunal de grande instance.

What does the minutes of a general meeting contain?

The minutes of a general meeting of co-owners shall include each of the decisions noted on the agenda. For each of them, the document indicates the result and the detail of each vote. It must contain:

  • the date, time and place where the general meeting was held
  • the agenda noted in the convening notice
  • the total of present and represented versus absent and unrepresented
  • the names of the absent
  • for each decision taken, the names of the opponents as well as the names of the absentees and defaulters
  • the end time of the general meeting
  • the copy of paragraph 2 of article 42 of the law of July 10, 1965
  • the attendance sheet

The minutes drawn up during the meeting must be signed by the chairman of the meeting, the secretary and the scrutineer (s).

To note: each decision adopted is copied to the register of general meetings of the co-ownership.

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