Co-ownership general meeting: complete guide 2026

Co-ownership general meetings often cause apprehension and raise questions among co-owners. Between the rules on notice of meeting, the voting arrangements and the scope of the decisions, the legal framework can seem complex. This guide sets out all the rules applicable to co-ownership (copropriété) general meetings in 2026, from their preparation to the implementation of the decisions voted. It is aimed at co-owners who wish to understand their rights and obligations, as well as at property managers (syndics) and co-ownership councils (conseils syndicaux) faced with practical situations.

Organisation and notice of the general meeting

Who convenes the co-ownership general meeting?

The syndic has the primary authority to convene the general meeting, in accordance with Article 18 of Law No. 65-557 of 10 July 1965. This obligation falls on the syndic at least once a year for the approval of the accounts and the vote on the forecast budget.

Convening the meeting is mandatory where it is requested of the syndic by the co-ownership council or by one or more co-owners representing at least one quarter of the votes of all the co-owners, unless the co-ownership rules (règlement de copropriété) provide for a lower number. If formal notice sent to the syndic remains unanswered for more than eight days, the meeting is validly convened by the chair of the co-ownership council; failing that, any co-owner may bring about the convening of the meeting under the conditions of Article 50 of Decree No. 67-223 of 17 March 1967 (Article 8 of that Decree).

In co-ownerships managed by a non-professional syndic, the syndic, who must own one or more lots in the co-ownership (Article 17-2 of the 1965 Law), carries out this task. In a cooperative syndicate, the syndic is elected by the co-ownership council from among its members and exercises as of right the functions of chair of the co-ownership council (Article 17-1).

Notice periods and methods of notification

Except in cases of urgency, notice is given at least 21 days before the date of the co-ownership general meeting, unless the co-ownership rules provide for a longer period (Article 9 of Decree No. 67-223 of 17 March 1967).

The notice may be sent by:

• Registered letter with acknowledgement of receipt
• Hand delivery against signature
• Electronic means, which is now the ordinary method of notification

Since Law No. 2024-322 of 9 April 2024, notifications and formal notices are validly made by electronic means; each co-owner may, at any time and by any means, ask to receive them by post, and the syndic informs the co-owner of the means of retaining that method of communication (Article 42-1 of the Law of 10 July 1965).

Mandatory content of the notice

The notice of the co-ownership general meeting must contain:

The detailed agenda specifying the exact subject of each resolution. A generic wording such as "miscellaneous works" is not sufficient and may lead to the annulment of the corresponding resolutions.

The date, time and place of the meeting. Subject to the provisions of the co-ownership rules, the general meeting is held in the municipality where the building is located.

The methods of participation: each co-owner may be represented by a proxy, take part by videoconference or by any other means of electronic communication allowing identification, or vote by post using the form attached to the notice (Article 17-1 A of the 1965 Law and Article 9 of the Decree).

A statement that the co-owner may consult the preparatory documents at the syndic's office or in the manner determined by the general meeting.

Conduct and chairing of the meeting

Appointment of the chair of the meeting

The general meeting begins with the appointment of the chair of the meeting. The syndic, the syndic's spouse, civil partner (PACS) or cohabitant, their ascendants and descendants and the syndic's employees may not chair the meeting (Article 22 of the 1965 Law). The vote is by a majority of the votes cast.

The chair directs the debates, gives the floor, ensures that the agenda is followed and supervises the voting. The chair has no disciplinary power but may temporarily suspend the meeting in the event of disorder.

The minutes must state the identity of the chair elected and the conditions of the election.

Checking the quorum and constitution of the board of the meeting

The chair checks the validity of the constitution of the meeting by verifying:

• The regularity of the notices
• The number of co-owners present or represented
• The validity of the proxies given to the proxy holders

The general meeting may deliberate whatever the number of co-owners present. No quorum is required for it to be held, unlike the majorities needed to adopt resolutions.

The syndic acts as secretary of the meeting, unless the general meeting decides otherwise, and the general meeting also appoints, where applicable, one or more vote tellers (scrutateurs) (Article 15 of the Decree).

Attendance sheet and counting of votes

The attendance sheet is an essential document which records:

• The identity of each co-owner present or represented
• The number of votes the co-owner holds according to the descriptive statement of division (état descriptif de division)
• Any restrictions on voting rights

This document makes it possible to calculate the majorities required for each type of decision. It must be signed by each participant and annexed to the minutes.

In the case of a usufruct, the persons concerned are, failing agreement, represented by the bare owner. In the case of joint ownership (indivision), the joint owners are represented by a common representative, appointed failing agreement by the president of the judicial court (tribunal judiciaire) (Article 23 of the 1965 Law).

Types of majority and voting rules

Simple majority (Article 24 of the 1965 Law)

The simple majority, or Article 24 majority, applies to most day-to-day management decisions. It corresponds to the majority of the votes cast by the co-owners present or represented, abstentions excluded.

This majority applies in particular to:

• Approval of the accounts for the past financial year
• The vote on the forecast budget
• Maintenance and conservation works

Practical example: of the 1,000 votes in the co-ownership, 600 votes are represented at the meeting. To adopt a resolution by simple majority, at least 301 votes in favour out of the 600 votes cast are required, abstentions not being counted.

Absolute majority (Article 25 of the 1965 Law)

The absolute majority requires the agreement of a majority of the votes of all the co-owners making up the syndicate, whether or not they are present at the co-ownership general meeting.

This majority is required for:

• Improvement works
• Works to save energy or reduce greenhouse gas emissions
• The appointment or removal of the syndic
• The authorisation given to certain co-owners to carry out works

If a resolution falling under Article 25 does not obtain a majority of the votes of all the co-owners but receives at least one third of those votes, the same meeting immediately holds a second vote by the Article 24 majority. For energy-saving works, if the project has not received one third of the votes, a new meeting convened within three months on an identical project may decide by the Article 24 majority (Article 25-1 of the 1965 Law).

Qualified majority (Article 26 of the 1965 Law)

The Article 26 majority is a double majority: that of the members of the syndicate representing at least two thirds of the votes. It applies in particular to the following decisions:

• Amendment of the co-ownership rules in so far as they concern the enjoyment, use and administration of the common parts
• Abolition of the post of concierge or caretaker and disposal of the accommodation assigned to that post where it belongs to the syndicate
• Acquisition of buildings
• Acts of disposal of the common parts
• Amendment of the rules prohibiting the letting of residential lots other than main residences as furnished tourist accommodation, in co-ownerships whose rules prohibit any commercial activity in lots not specifically designated for commercial use

Unanimity

Certain decisions require the unanimous agreement of all the co-owners:

• Change of the intended use of the building
• Change in the allocation of co-ownership shares
• Abolition or amendment of the right of exclusive enjoyment
• Disposal of common parts whose retention is necessary to respect the intended use of the building

Proxies and representation

Conditions for the validity of proxies

A co-owner who is unable to attend may be represented by a proxy of his or her choice, a co-owner or a third party. The proxy must be in writing and must state precisely:

• The full identity of the principal and of the proxy holder
• The date of the general meeting concerned
• The handwritten signature of the principal

The proxy may be general for the whole agenda or specific to certain resolutions only. In the absence of voting instructions, the proxy holder votes freely in the interest of the principal.

Statutory limitations

Certain persons may not receive a proxy:

• The syndic, even if a co-owner, and the syndic's spouse, civil partner (PACS) or cohabitant
• The syndic's employees, and their spouse, civil partner (PACS) or cohabitant
• The ascendants and descendants of the syndic and of the syndic's employees, as well as those of their spouse, partner or cohabitant

Each proxy holder may not, in any capacity whatsoever, receive more than three voting delegations. A proxy holder may nevertheless receive more if the total of the votes held personally and those of the principals does not exceed 10% of the votes of the syndicate. Each of the spouses who are joint owners or owners in indivision of a lot may personally receive voting delegations, and the proxy holder may sub-delegate the proxy if the proxy does not prohibit it (Article 22 of the Law of 10 July 1965). The rules applicable to proxies held by a single proxy holder and the consequences of exceeding the limit are examined in our article on the maximum number of proxies at a general meeting.

Postal voting

Since Order No. 2019-1101 of 30 October 2019, any co-owner may vote by post before the meeting, using a form conforming to the model set by order and attached to the notice. If the resolution is amended during the meeting, a postal voter who voted in favour is treated as a defaulting co-owner for that resolution (Article 17-1 A of the 1965 Law).

The form must be received by the syndic no later than three clear days (jours francs) before the date of the meeting; if sent by email to the address given by the syndic, it is presumed received on the date of sending (Article 9 bis of the Decree).

Minutes and post-meeting formalities

Mandatory content of the minutes

The minutes record the decisions taken at the co-ownership general meeting (Article 17 of the Decree). They must in particular state:

The composition of the board of the meeting (chair, secretary) and the conditions of their appointment.

The precise count of the votes for each resolution, distinguishing votes in favour, votes against and abstentions.

The full text of the resolutions adopted and rejected, with an indication of the majority required and obtained.

The main observations and reservations made by the co-owners, particularly those likely to found a subsequent challenge.

Signature and notification

The minutes are signed, at the end of the meeting or within eight days following the meeting, by the chair, by the secretary and by the vote teller or tellers (Article 17 of the Decree).

The syndic notifies the minutes, without their annexes, to the co-owners who voted against or were absent within one month of the holding of the general meeting (Article 42 of the 1965 Law). The notification states the results of the vote and reproduces the second paragraph of Article 42; it starts the period for challenge running (Article 18 of the Decree).

Since Law No. 2024-322 of 9 April 2024, this notification may be made by electronic means, unless the co-owner asks to receive notifications by post (Article 42-1 of the 1965 Law).

Retention of documents

The syndic keeps the archives relating to the syndicate (Article 18 of the 1965 Law). The minutes are entered one after another in a register specially opened for that purpose, which may be kept in electronic form (Article 17 of the Decree).

The documents include in particular:

• The attendance sheets
• The proxies given
• The supporting documents for the resolutions put to the vote
• The correspondence relating to the organisation of the meeting

Challenges and remedies

Time limits and conditions for challenge

Decisions of the general meeting may be challenged in court before the judicial court within two months of notification of the minutes, in accordance with Article 42 of the 1965 Law.

This time limit is strict and cannot be extended. It runs from actual receipt of the notification, evidenced by the acknowledgement of receipt of the registered letter.

The following may bring this challenge:

• The co-owner who voted against the decision
• The defaulting co-owner, including the postal voter treated as defaulting where the resolution was amended at the meeting

Grounds for challenge

General meetings may be challenged on several grounds:

Formal defects: absent or irregular notice, imprecise agenda, failure to observe the statutory time limits, defect in the composition of the board of the meeting.

Substantive defects: lack of competence of the co-ownership general meeting for the decision taken, breach of the majority rules, infringement of the individual rights of the co-owners.

Fraud or manoeuvres: fraudulent coalition, pressure exerted on co-owners, falsification of votes.

Effects of the challenge

An action to challenge does not in itself suspend the implementation of the decisions. However, except in cases of urgency, the syndic's implementation of works decided under Articles 25 and 26 is suspended until the two-month period for challenge has expired (Article 42, third paragraph, of the 1965 Law).

Case law accepts partial nullity of resolutions: only the defective resolutions are annulled, the others remaining valid if they are independent.

In the event of annulment, the meeting must be convened again to decide afresh on the annulled questions, in compliance with the legal rules.

Particular general meetings

Extraordinary general meeting

An extraordinary general meeting may be convened at any time to deal with urgent or exceptional matters that cannot wait for the annual ordinary meeting.

Its convening follows the same rules as the ordinary meeting (21-day period, content of the notice). Only the agenda differs, focusing on specific questions.

This flexibility makes it possible to react quickly to emergencies: urgent works following damage, removal of the syndic, authorisation of urgent private works.

Consultative general meeting

Although not provided for by the 1965 Law, the consultative general meeting is a recommended practice for preparing important decisions. It makes it possible to inform the co-owners and to gather their views before the final vote.

This meeting is particularly useful to:

• Present major works projects
• Explain the issues involved in an amendment of the rules
• Discuss the choice of a new syndic

The views expressed have no binding legal value but usefully guide later decisions.

Remote general meeting

Article 17-1 A of the Law of 10 July 1965, as worded following Order No. 2019-1101 of 30 October 2019, allows co-owners to take part in the meeting by videoconference or by any other means of electronic communication allowing their identification. The general meeting decides on the technical means and media, on the basis of quotes, the syndicate bearing the cost (Article 13-1 of the Decree).

This method must comply with strict technical conditions:

• Reliable identification of the participants
• Transmission of at least the voice of the participants and continuous and simultaneous retransmission of the deliberations
• A secure voting system

A co-owner who wishes to take part remotely informs the syndic no later than three clear days before the meeting (Article 13-2 of the Decree).

Preparation and good practice

Role of the co-ownership council

The co-ownership council plays an essential role in preparing the co-ownership general meeting. It examines the accounts, monitors the syndic's management and prepares the resolutions to be put to the vote.

Its task includes:

• Checking the regularity of the notice
• Analysing the accounting documents and quotes
• Reviewing requests for works
• Preparing a reasoned opinion on each resolution

This upstream preparation significantly improves the quality of the debates and makes it easier for co-owners to take informed decisions. On the conditions of eligibility of its members and the extent of its task of monitoring the syndic, see our analysis of the election and role of the co-ownership council.

Preparatory documents

Co-owners may consult the preparatory documents as soon as the notice is sent. This consultation is a fundamental right enabling them to exercise their right to vote effectively.

The documents include:

• The detailed accounts for the past financial year
• The proposed forecast budget
• The quotes for the works under consideration
• The maintenance and servicing contracts
• The correspondence relating to the items on the agenda

The syndic must organise this consultation under reasonable practical conditions, taking into account each person's constraints.

Prior communication

Clear and early communication encourages co-owner participation and limits later challenges. This preventive approach includes:

Organising preliminary information meetings for complex projects, to explain the technical and financial issues.

Circulating detailed explanatory notes with the notice, particularly useful for technical resolutions.

Establishing a dialogue with co-owners who express reservations or opposition, in order to seek consensual solutions.

This educational approach significantly reduces the risk of litigation and improves the general atmosphere of the co-ownership.

Frequently asked questions

Can an absent co-owner challenge a decision of the general meeting?

Yes, any co-owner may challenge a decision of the general meeting within two months of notification of the minutes, even if he or she was absent from the meeting. Absence does not amount to a waiver of the right to challenge. The co-owner must, however, show a legitimate interest in challenging and rely on a ground of nullity provided for by law.

What majority is required to remove a syndic?

Removal of the syndic requires the Article 25 majority of the 1965 Law, that is, a majority of the votes of all the co-owners making up the syndicate. If that majority is not reached but the proposal received at least one third of those votes, the same meeting immediately holds a second vote by the Article 24 majority, in accordance with Article 25-1. The procedure for replacing the syndic, at the end of the term or during the term, is dealt with separately in our article on changing syndic.

Can a proxy holder represent several co-owners?

Yes, within certain limits. Each proxy holder may not, in any capacity whatsoever, receive more than three voting delegations. A proxy holder may nevertheless receive more if the total of the votes held personally and those of the principals does not exceed 10% of the votes of the syndicate. Each of the spouses who are joint owners or owners in indivision of a lot may personally receive voting delegations, and the proxy holder may sub-delegate the proxy if the proxy does not prohibit it (Article 22 of the Law of 10 July 1965). The syndic, even if a co-owner, the syndic's spouse, partner or cohabitant, their ascendants and descendants and the syndic's employees may not receive a proxy.

Can the general meeting be held without a syndic?

The meeting is convened by the syndic, who may be a non-professional syndic, the owner of one or more lots in the co-ownership (Article 17-2 of the 1965 Law), or, in a cooperative syndicate, a syndic elected by the co-ownership council from among its members (Article 17-1). Where the syndic has not acted on a request to convene a meeting, the chair of the co-ownership council may convene the meeting under the conditions of Article 8 of the Decree of 17 March 1967.

How long must the syndic keep the minutes of meetings?

The syndic keeps the archives of the syndicate (Article 18 of the 1965 Law) and enters the minutes in a register specially opened for that purpose (Article 17 of the Decree of 17 March 1967). Co-owners may consult these documents on request.

Can a decision taken by simple majority be annulled if an absolute majority was required?

Yes, applying the wrong majority rule is a substantive defect resulting in the nullity of the resolution. For example, improvement works voted by simple majority where an absolute majority was required may be annulled by the court. Case law strictly penalises failure to observe the majority rules laid down by the 1965 Law.

Mastery of the rules on general meetings determines the proper functioning of any co-ownership. Beyond the purely legal aspects, the rigorous and transparent organisation of meetings encourages dialogue between co-owners and prevents many disputes. Given the growing complexity of co-ownership law, particularly since the recent reforms on energy transition and digitalisation, it becomes essential to be surrounded by competent advisers. Do not hesitate to consult a property law professional for any complex or contentious situation requiring in-depth expertise.