Simple Majority
Simple Majority (Article 24 of the Law of 10 July 1965): the majority of those present and those represented. Those who abstain are not counted.
This majority is the easiest to obtain. The majority is obtained on the basis of the votes cast by those present or represented at the general meeting. Unrepresented absences are not taken into account in the counting of votes, nor are abstentions. A simple majority is obtained if the persons who took part in the vote represented more than half of the votes. In particular, the following are approved by this majority:
The acts of routine administration of the building.
The permanent authorisation granted to the municipal police to enter the common areas since the law of 25 November 2021 for the consolidation of our civil security model and improvement of voluntary and professional firefighters (previously, this was the permanent authorisation granted to the police or the national gendarmerie to enter the common areas).
Adjustments to the co-ownership rules made necessary by legislative and regulatory changes made since their drafting. The publication of these changes to the co-ownership rules is made for fixed duty.
The decision to accept a commercial proposal for the distribution of digital television services (section 24-1 (1)).
The decision to accept a commercial proposal for a fibre installation (Article 24-2).
Absolute Majority
Absolute Majority (article 25 of the law of 10 July 1965): the majority of the votes of all the co-owners, whether present, represented or absent.
Certain decisions must be adopted by a majority of the votes of all co-owners, whether present, represented or absent. These are the following:
Delegations of power, for example: delegations of power to take one of the decisions voted by simple majority, delegation of power to the chair of the residents association to initiate a legal proceedings against the Management Company in compensation for the damage suffered by the residents association.
Measures concerning the co-ownership bodies, for example: the appointment or dismissal of the Management Company or Companies, the appointment or dismissal of the member(s) of the residents association.
Life of the building.
Double majority
Double majority (article 26 of the Law of 10 July 1965): a majority of co-owners representing at least two-thirds of the votes. Possibility of a second vote with a reduced majority for improvement works.
This “double” majority, difficult to obtain especially if the absentees have not left power of attorney, must obtain both:
A favourable vote of the majority of co-owners (in number). If one or more of them have several units, they are counted as one person.
One vote representing at least two-thirds of the votes of the residents association (in votes).
Decisions on the following matters shall be taken by a majority of the members of the residents association (including those absent) representing at least two-thirds of the votes:
Deeds of acquisition of immovable property and deeds of disposal other than those voted by an absolute majority (point d of Article 25). For example: purchases by the association of a private area or, conversely, the granting to a co-owner of a right of occupation of a common area.
The modification or potential drafting of the co-ownership regulations insofar as they concern the enjoyment, use and administration of the common areas;
The abolition of the position of janitor or caretaker and the disposal of his residence when it belongs to the association. Both items are on the agenda of the same general meeting.
Unanimity
Unanimity (Article 26 of the law of 10 July 1965): all co-owners must give their consent.
Unanimity means the consent of all co-owners, not just those present or represented. Two areas are concerned in particular: the sale of common areas and the modification of the distribution of charges.
The sale of the common areas: in principle, the general meeting cannot decide on the sale of the common areas, the retention of which is necessary for compliance with the purpose of the building. By way of exception: it may decide to do so by unanimous vote of all the co-owners.
The subscription of a loan in the name of the association of co-owners; These are loans subscribed for the financing either of works properly voted concerning the common areas or of works of collective interest on private units properly voted, or deeds of acquisition in accordance with the purpose of the association and properly voted.
The modification of the distribution of expenses; The distribution of expenses can only be modified by unanimous agreement of the co-owners. However, when work or acts of acquisition or disposal are decided by the general meeting, the modification of the distribution of expenses thus made necessary may be decided by the general meeting acting by the same majority required for the vote of the decision.