Decisions concerning co-ownership can only be taken by thegeneral meeting of co-owners. All co-owners have the right to attend and to vote.
Each co-owner has the number of votes corresponding to his share of the common areas. However, if a co-owner owns more than half of the common areas, the number of votes he has is reduced to the number of votes held by the other co-owners. For example, if a co-owner owns 6,000/1,000 of the common areas, he will only have 4,000 votes at the meeting, which will then have a total of 8,000 votes.
This rule prevents a co-owner with a majority from easily imposing his wish to carry out certain works or not. This problem could easily arise in small co-ownerships with two or three co-owners.
The majority rules for these meetings differ according to the importance of the decision to be taken:
- Article 24 majority: Decisions are taken by a majority of the votes cast by the owners present or represented at the meeting, unless otherwise provided by law. This rule applies to ordinary decisions such as administrative acts (routine maintenance work, approval of the budget, etc.).
- Article 25 majority: The decisions listed in article 25 can only be adopted by a majority of the votes of all the co-owners (regardless of whether or not they are present at the meeting). This applies in particular to decisions concerning :
* Authorisation given to certain co-owners to carry out, at their own expense, work affecting the common areas or the external appearance of the building, in accordance with its intended purpose;
* The appointment or dismissal of the managing agent(s) and members of the management committee;
* The modification of the distribution of charges for communal services and equipment made necessary by a change in the use of one or more private portions.
* The installation or modification of a communal aerial or electronic communications network within the building, where this involves communal areas;
* Work to be carried out on communal areas to prevent damage to persons or property;
* The installation of heat meters or heating cost allocators;
- Article 26 majority: a 2/3 majority is required for decisions relating to :
* property acquisitions and dispositions of common areas other than those resulting from legal or regulatory obligations.
* amendments to the co-ownership regulations;
* work involving alterations, additions or improvements other than those provided for in article 25.
* a request for individualisation of water supply contracts
* procedures for opening access doors to buildings.
- Unanimity rule: the general meeting may only decide on the alienation of common areas whose conservation is necessary to respect the purpose of the building, by a unanimous vote of all the co-owners.
On the other hand, the general meeting may not, by any majority whatsoever, impose on a co-owner a change to the destination of his private portions or to the terms of enjoyment as they result from the co-ownership regulations.