Co-owners: what should you do if you wish to contest a decision taken at a general meeting?

The general meeting is the body that brings together the co-owners and during which the decisions necessary for the smooth running of the co-ownership are taken, particularly with regard to works and the direction that the co-owners wish to take for their building.

Because it governs the life of the building, it is recommended that all co-owners attend.

However, you may not be able to attend the general meeting, and a decision you disapprove of may have been taken in your absence.

It is also possible that, despite your presence, the general meeting has adopted a decision to which you are opposed.

Would you like to challenge these decisions?

The lawyers at Cabinet Goldwin can explain how to go about it and support you throughout the procedure.

• Who can challenge the decision of a general meeting?

Only a defaulting or opposing co-owner can challenge a decision taken at a general meeting.

An opposing co-owner is one who votes against a decision taken by the meeting, or who votes in favour of a resolution that is ultimately rejected by the meeting.

A defaulting co-owner is one who was neither present nor represented at the meeting.

The original of the minutes is proof of the status of the opposing or defaulting co-owner.

Therefore, if you arrive late for a meeting or leave early, or if you are not present when one or more resolutions are voted on, it is important to make a note of this fact on the attendance sheet or in the minutes in order to provide proof of your failure to attend…

On the other hand, co-owners who voted in favour of the decision adopted cannot criticise it.

Similarly, a co-owner who abstains is not an opponent and cannot, in principle, challenge the decision of the meeting.

• What are the grounds for challenge?

As we have seen, the decisions of the general meeting play a vital role in the co-ownership.

This is why the organisation and operation of the general meeting, as well as the decision itself, are governed by numerous legal and regulatory rules, in addition to the provisions of the co-ownership regulations.

To challenge the decision of a general meeting, it must be shown that one of these rules has not been complied with.

This may involve a breach of the rules governing the convening of meetings, particularly in the case of :

• failure to convene or late convening ;
• the notice is given to a person other than the co-owner;
• a notice issued by a syndic whose mandate has expired or been cancelled;
• absence of documents that must be attached to the notice…

It may also involve a breach of the rules governing the holding of meetings, particularly in the case of :

• voting on matters that were not on the agenda ;
• failure to comply with majority requirements
• irregularities in the minutes…

Goldwin’ s lawyers will check that all the required formalities and rules have been complied with and, if necessary, demonstrate that the meeting’s decision is irregular.

If the Court finds that the decision is irregular, it will annul the decision, which will then apply to all co-owners.

Therefore, even if a general meeting decision has been taken in compliance with legal requirements and within the limits of the syndicate’s powers, it may still be annulled if it disregards the collective interests of the co-owners.

The lawyers at Cabinet Goldwin can prove this.

• How to take action and within what timeframe?

To contest a decision, you must appeal against the syndicate of co-owners represented by its syndic.

This appeal must be made by way of a writ of summons to the court in the place where your building is located.

It must be lodged within 2 months of notification of the minutes of the general meeting. The syndic has one month to serve the notice. However, there is nothing to prevent a co-owner from lodging an appeal before notification.

Please note that once the 2-month period has expired, the decision can no longer be challenged, even if it is irregular!

Appeals against decisions of the general meeting are therefore limited to a very short period of time.

The lawyers at Cabinet Goldwin will draft and submit the appeal within the deadline.

In order to have a chance of success, the appeal must present the legal and factual elements justifying the irregularity of the meeting’s decision or the abuse of rights.

• Can I claim damages?

You do not need to prove that you have suffered any particular loss to challenge a decision taken by the General Meeting in breach of the law.

However, if you feel that you have suffered a loss, the court may award you damages as compensation.

The lawyers at Cabinet Goldwin will take care of proving the reality of your loss and quantifying it.

Choosing the Goldwin firm is therefore the assurance of having lawyers who will support you at every stage of the procedure.