General meeting notice: drafting it, sending it and checking it

The registered letter is on the table, or the email from the property manager (syndic) has just arrived: the meeting will take place in a few weeks. Before reading the agenda, look at the document itself. The general meeting notice is the first document in the file to be brought out in a dispute. If it arrives too late, through the wrong channel, or without the agenda, the decisions voted become open to challenge.

And if you, as syndic, are the one sending it, it is the notice that protects everything the general meeting (GM) will decide. The Civil Code governs the notice of the general meeting in a single paragraph, Article 3.87, § 3, supplemented by the neighbouring paragraphs on the agenda and remote participation.

These rules are the same in Flanders and in Brussels. Your house rules (ROI)GlossaryRules drawn up by private agreement that set out at least how the general meeting operates, how the syndic is appointed and the fortnight in which the ordinary general meeting is held. They are kept at the association's registered office and can be consulted free of charge. See the glossary specify the method of notice used in the building, but they cannot reduce the safeguards provided by law.

Who sends the notice, and to whom?

Normally, the syndic. He calls the ordinary meeting during the period set by the house rules, and an extraordinary meeting when an urgent decision has to be taken. When co-owners holding at least one fifth of the shares in the common parts have asked for a meeting and the syndic does not respond within thirty days, one of the signatories of the request can call the meeting himself (Art. 3.87, § 2). He is then bound by the same formal rules.

The notice goes to each co-owner, that is, to each person with a vote for a unit. Two situations regularly cause problems.

The recently sold unit. As long as the syndic has not recorded the sale, he risks sending notice to the former owner. A new buyer has every interest in introducing himself to the syndic and giving him his address. See becoming a new co-owner.

The unit held by several people. Joint ownership, usufruct and bare ownership: tell the syndic in writing who receives the notice and who will vote, so that no holder is forgotten and no vote is disputed on the day.

Tenants and other occupants are not sent notice, since they do not vote. The syndic must, however, inform them of the date of the meetings so that they can send their requests or comments in writing (Art. 3.89, § 5).

At least fifteen days, except in urgent cases

Except in urgent cases, the notice is communicated at least fifteen days before the meeting date (Art. 3.87, § 3). That is a minimum. Nothing prevents sending it earlier, and it is even advisable when the agenda includes major works: the co-owners then have time to look at the quotes and ask their questions.

The text does not say whether the period runs from sending or from receipt. Our reading: reason as if the period ran from receipt, and allow a margin of several days, especially if you use the post. An argument avoided is worth more than an argument won.

Urgency allows the deadline to be shortened, but it must be justified. An active leak, a danger to the occupants' safety or an imminent administrative deadline can justify it. Wanting to wrap up a file before the holidays cannot. If challenged, the court decides whether the urgency was real.

Registered post or email: which form is valid?

The basic rule is registered post. The Civil Code allows another means of communication, typically email, for co-owners who have accepted it individually, expressly and in writing (Art. 3.87, § 3).

The three conditions apply together. A general clause in the house rules is not enough, since the consent must be individual. A co-owner who once wrote to the syndic from his email address has not given express consent either.

In practice, the syndic should hold, for each unit, a signed document or an email in which the co-owner agrees to receive his notices electronically at a specific address. He keeps it in the co-ownership file. Those who have not given this consent receive registered post.

What must a notice contain?

Article 3.87, § 3, requires the notice to state the place, date and time of the meeting, as well as the agenda listing the items put up for discussion. It must also state how the documents relating to the agenda items can be consulted.

If the meeting offers remote participation, the notice must provide for it (Art. 3.87, § 1). In that case, state how to connect, how participants will be identified and how they will vote.

Here is a template that covers these requirements and a few useful additions:

For the proxy, remind co-owners that the proxy holderGlossaryPerson, whether or not a member of the general meeting, who represents a co-owner at the meeting under a proxy naming them personally. No one may accept more than three proxies, subject to the 10% of votes exception, and the syndic may not act as proxy for a co-owner. See the glossary must be named and that the syndic may not act as proxy holder. The limits on the number of proxies are set out in voting rules and majorities.

Each item to be voted on must be drafted so that everyone knows what will be decided. ‘Appointment of the syndic’ is too short if several candidates are standing: name them and attach their offers. An ‘any other business’ item can only be used to share information, not to vote.

You receive the notice: the checks to make

On receipt, take ten minutes to check the document. Note the date you received the registered letter or the email and compare it with the meeting date. Check that each item you will have to vote on is clearly worded, and that the documents announced are actually accessible.

If a quote is missing or an item seems vague, write to the syndic before the meeting. This step has two effects: it often allows the problem to be corrected, and in a dispute it shows that you tried to inform yourself. Courts take this behaviour into account when a co-owner later complains of a lack of information.

If you cannot attend, prepare your proxy at that point. Name the person who will represent you and, if you wish, give your voting instructions item by item.

Finally, if the quorum is not reached on the day, a second meeting will be held after at least fifteen days (Art. 3.87, § 5). It will be the subject of a new notice: read it with the same care.

How do you get an item added to the agenda?

One or more co-owners, or the co-ownership council if there is one, can notify the syndic of the items they want included. For the ordinary meeting, the syndic includes the written proposals received at least three weeks before the first day of the period set by the house rules (Art. 3.87, § 4). If the request arrives later, the item is carried over to the next meeting.

Draft your request as a proposed decision. Attach the useful documents: quotes, photos, a letter from the municipality. Send it by a means that proves the date of receipt. Once you receive the notice, check that your item appears in the terms you asked for.

Has the syndic left out an item that was properly requested? You can remind him in writing, involve the co-ownership council, then, if necessary, request a meeting with other co-owners or go to court. Challenging a GM decision describes the remedies. For the full timetable, see organising a general meeting and the page the co-owners' general meeting.