What are the majorities at a co-ownership general meeting (Articles 24, 25, 26)?
At a co-ownership general meeting, the majority depends on the nature of the decision. Article 24 requires the majority of the votes of the co-owners present or represented. Article 25 requires the majority of the votes of all co-owners. Article 26 imposes a double majority in number and in votes. Article 26 concerns the most important decisions.
Article 24: the simple majority
The Article 24 majority is the majority of the votes cast by the co-owners present, represented or having voted by correspondence. Abstentions are not counted. It is the ordinary-law majority: it applies to all decisions for which the law has not provided a higher majority.
It concerns in particular the vote on the provisional budget, the approval of the accounts, maintenance and upkeep works, or certain works imposed by law or by the administration.
- Vote on the provisional budget and approval of the accounts
- Maintenance and upkeep works on the common areas
- Accessibility works for persons with disabilities (without modifying the structure)
- Adaptations of the co-ownership by-laws made necessary by legislative changes
Article 25: the absolute majority
The Article 25 majority is the majority of the votes of all co-owners, present, represented or not, including those absent. It is more demanding than the Article 24 majority since it is calculated on the totality of the co-ownership's shares.
It applies to important decisions such as the appointment or dismissal of the managing agent, the appointment of the members of the co-ownership council, or the authorisation granted to a co-owner to carry out works affecting the common areas or the external appearance of the building.
A bridging mechanism provided for by Article 25-1 allows, where the decision obtains at least one third of the votes of all co-owners without reaching the Article 25 majority, to proceed immediately to a second vote at the Article 24 majority.
- Appointment and dismissal of the managing agent and the members of the co-ownership council
- Authorisation granted to a co-owner to carry out works affecting the common areas or the external appearance
- Collective installation decided by the association of a common equipment item (for example charging points for electric vehicles)
- Arrangements for carrying out and monitoring works of collective interest on private areas
Article 26: the double majority
The Article 26 majority is a double majority: it requires the agreement of the majority in number of the co-owners (more than half of the members of the association) representing at least two thirds of the votes. Both conditions must be met simultaneously.
It concerns the decisions with the most far-reaching consequences: modification of the co-ownership by-laws as regards the enjoyment, use and administration of the common areas, or certain acquisitions and disposals of property. Certain decisions, such as those infringing the property rights of a co-owner, require unanimity.
- Modification of the co-ownership by-laws relating to the enjoyment and use of the common areas
- Acquisition or disposal of common areas under certain conditions
- Decisions relating to the fundamental structure of the co-ownership
Frequently asked questions
What is the difference between Article 24 and Article 25?
Article 24 is calculated on the votes of the co-owners present, represented or voting by correspondence only (simple majority). Article 25 is calculated on the votes of all co-owners of the building, including those absent (absolute majority), which makes it harder to reach.
What is the Article 25-1 bridging mechanism?
Where a decision falling under Article 25 obtains at least one third of the votes of all co-owners without reaching the required majority, the meeting can immediately proceed to a second vote at the Article 24 majority. This mechanism avoids blocking useful decisions.
When is unanimity required in a co-ownership?
Unanimity is required for the most serious decisions, notably those that infringe the property right of a co-owner or that modify the allocation of charges outside the cases provided for by law. It is the highest degree of majority, above Article 26.
Read next
- Légifrance : Loi n° 65-557 du 10 juillet 1965, articles 24, 25, 25-1 et 26
- Service-Public.fr : Assemblée générale de copropriété : quelles règles de vote ?
- ANIL : Les majorités en assemblée générale de copropriété
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