Condomium Meeting

The General Meeting of Shareholders has the function of managing a condominium and is made up of all joint owners of the condominium and the Administrator appointed by the meeting.

The Assembly of Owners has essentially deliberative functions.

How many meetings can there be per year?

The meeting must mandatorily meet during the first half of January of each year to assess the accounts of the previous year and approve the budget of expenses to be made during the year. In addition to this meeting, the administrator or tenants representing 25% or more of the value of the building may call extraordinary meetings whenever they intend to put any topic on the building for discussion.

How are each condo's votes counted?

Each condominium has as many votes as the total units of the percentage or percentage of all fractions it owns. For example, if a joint owner owns a fraction whose value corresponds to 8% of the total value of the building, he has 8 votes out of a total of 100, but if the value of the fraction is 8.6% of the value of the building, he has 86 votes out of a total of 1,000.

How are assemblies convened?

The tenants must be summoned at least 10 days in advance, by registered letter or by means of a call notice made at the same time, provided that there is a receipt of receipt signed by the tenants. The summons must indicate the day, place and agenda of the meeting, as well as the matters for which approval of the votes is unanimous.

How many tenants have to be present to be able to deliberate?

Usually the assembly begins as long as there is the presence of joint owners who represent more than half of the total number of votes in the building.

At this meeting, resolutions are also taken by a majority of the total number of votes, that is, 51 when the total is 100 and 501 when the total is 1,000.

If a sufficient number of tenants does not appear and another date has not been fixed at the time of the call, a new meeting is deemed to be called a week later, at the same time and place.

This new meeting may deliberate by majority vote of the tenants present, provided that they represent at least 1/4 of the total value of the building.

Resolutions that lack unanimity of votes in the building, such as the change in the constitutive title of the horizontal property, can be approved unanimously by the joint owners present, provided that they represent at least 2/3 of the votes representing the capital of the building, subject to approval of the resolution by the absent owners.

What to do about the absentee owners?

Resolutions must be communicated to all absent tenants, by registered letter with acknowledgment of receipt, within 30 days.

Absent owners have 90 days, after receiving the letter, to notify the assembly in writing of their agreement or disagreement. If they do not respond, it must be understood that they approve the deliberations communicated.

It should be noted that tenants who do not usually live in the building must inform the administrator in writing of their address or that of their representative, in order to be contacted.

How do you register the decisions of the assembly?

A summary of the meetings must be made in the appropriate book for this purpose - these are the Minutes of the Meeting .

The minutes must be written by the administrator or by any third party who participated in the meeting and signed by all the tenants who were present.

They must mention the date and place of the meeting, the agenda that was stated in the notice, the deliberations of the meeting on that agenda and any other matter of interest to the condominium.

The administrator is responsible for keeping the Minutes Book and showing it whenever a tenant or person with an interest in the building asks for it.

How to complain about an assembly decision?

It may happen that the assembly makes a decision that a condominium owner thinks is against the law or against the condominium regulation that has been approved by all.

In this case, the tenant has 10 days, counted from the resolution or its communication, to require the administrator to convene an extraordinary meeting to annul that decision and the administrator must convene it within 20 days.

If the extraordinary meeting does not annul the decision or if the meeting itself is not held for any reason, the interested party has no choice but to go to court.

Source: Condominium Guide

 
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