The assembly is where a building decides its own life. When it goes well, a whole year is settled in ninety minutes. When it goes badly, it leaves challengeable decisions, stalled works and neighbours who no longer speak.

When it meets

The ordinary assembly meets in the first half of January to approve the previous year's accounts and the coming year's budget. Beyond that, an extraordinary assembly may be called by the manager or by owners representing at least 25% of the building's value.

The notice

Notice must be sent at least ten days in advance, by registered letter or by notice with acknowledgement of receipt. Convening by email is now also accepted for owners who have agreed to that channel — a practical change many buildings still haven't taken up.

It must state the date, time, place and, above all, the agenda. That last point is decisive: no resolution may be taken on a matter not listed in the notice. It is the most common cause of decisions being overturned.

Quorum and second notice

At first notice, the assembly sits with owners representing a majority of the building's value. Failing that, it reconvenes at second notice — as a rule half an hour later — and may resolve by a majority of the votes present, provided those represent at least a quarter of the building's total value.

Votes are counted by permillage, not per head: a unit of 120 permillages carries twice the weight of one of 60.

Which majority for what

Routine resolutions (budget, accounts, fees, maintenance contracts): a majority of the votes present, as above.
Innovations to the common parts — anything that alters the appearance, function or configuration of what exists: a qualified majority, as a rule two thirds of the building's total value.
Urgent conservation works: these do not wait for an assembly. The manager may order them and, in the manager's absence, any owner may, subject to later ratification.

Before putting an item to a vote, confirm which majority it requires. Approving an innovation by simple majority is building on sand.

The minutes

The minutes are what survives the meeting — and what counts before third parties and in court. They must record the date, who attended and the permillages represented, the matters discussed, the resolutions taken and the outcome of each vote. They are signed by the owners present.

Minutes that set the fees and were properly communicated allow a non-payer to be pursued in court. Vague minutes — "it was decided to go ahead with the work" — allow almost nothing.

How we keep assemblies short

A detailed agenda with supporting documents sent in advance; quotes already requested and compared; each unit's statement available before the meeting; and minutes drafted the same day. When owners arrive informed, the discussion is about what needs deciding, not about what wasn't explained.

This article is for general information. The specific rules may be adjusted by your building's constitutive title and internal regulation.