A general meeting that goes off the rails is rarely decided on the day itself: it is decided several weeks earlier, in the preparation of the file, the notice of meeting and the agenda. Here are the preparation method, the legal timetable and the voting rules applicable in Luxembourg, in the order in which you encounter them.
At least one meeting per year
In every co-owners' association, a general meeting must be held at least once each year, and it is the managing agent (syndic) who convenes it. This obligation appears in the Grand-Ducal Regulation of 13 June 1975, adopted in implementation of the Law of 16 May 1975.
If the syndic does not convene it, the co-owners are not without recourse: the meeting is convened as of right at the request of the co-ownership board or of co-owners representing at least one quarter of the votes — a threshold that the co-ownership regulations may lower. And if the syndic remains inactive for more than eight days after a formal notice, it is the chair of the co-ownership board who may convene the meeting.
Reviewing previous decisions
Before preparing a new meeting, re-read the latest minutes. In them you identify the decisions already carried out, those still in progress and those that have become moot, then the quotes or studies requested, the mandates coming to an end, the works that have been postponed and the matters that must come back before the meeting.
Closing the accounts and preparing the budget
The file must make it possible to understand the expenses for the financial year, the invoices still to be paid, the advances and calls for funds and the individual balances. It also presents any unpaid amounts, the exceptional expenses, the status of the earmarked funds and the proposed budget for the following financial year.
Listing the contracts and deadlines
For each important contract, present the service provider, the purpose, the cost, the term, the expiry date, the termination conditions, any difficulties observed and any decision that may be required.
Preparing the works
For each project, specify as far as possible the problem identified, the studies or site visits carried out, the scope and the quotes received. Then compare the differences between the quotes, the exclusions, the timescales and the warranties. Finally, specify the financing, the majority envisaged, the follow-up and the mandate given to the syndic.
Collecting agenda requests
A workable request should specify the subject, the decision sought, the relevant documents, any cost and the expected consequences.
The notice timetable
The notice must state the date, time and place of the meeting, together with a precise agenda. Several deadlines follow one another, and it is these that give co-owners control over the content of the session:
- at least 15 days before the meeting — sending of the notice, save in an emergency or where the regulations provide for a longer period;
- 8 days — the period applicable to certain fresh meetings convened after the failure of an Article 16 vote where the agenda is identical;
- within 6 days of the notice — one or more co-owners, or the co-ownership board, notify the questions they ask to have added to the agenda;
- at least 5 days before the meeting — notification to the members of the meeting of the status of these additional questions.
Why the agenda is the real document
The requirement for a precise agenda is not a matter of style. It is what informs each co-owner of what they will be voting on, and what triggers the mechanism of the 6 and 5 days set out above. A vaguely worded item deprives those absent of the possibility of arranging to be represented on an informed basis. A long and explicit agenda is better than a short one filled in orally during the session.
Drafting the resolutions
A resolution must be capable of being carried out as it is voted. It clearly states the decision, the amount, the service provider if necessary, the financing and the effective date, as well as the mandate given to the syndic, the limits of that mandate, the apportionment and the appended documents.
The majority regimes
The majority regime depends on the nature of the decision. The Law of 16 May 1975 distinguishes four:
| Regime | Basis | Decisions concerned |
|---|---|---|
| Majority of the votes of the co-owners present or represented | Art. 15 | ordinary rule; fresh meeting after the failure of an Article 16 vote |
| Majority of the votes of all co-owners | Art. 16 | delegation of powers; authorisation of works affecting the common areas; appointment and removal of the syndic and the co-ownership board (Art. 16 c)); improvement or alteration of existing equipment; energy renovation; technical ducts; production and storage of energy from renewable sources — failing this majority, a fresh meeting deciding under Article 15 |
| Members representing at least three quarters of the votes | Art. 17 | acquisition or disposal of property; amendment or establishment of the regulations; works of alteration, addition or improvement (other than Article 16, points d to g) |
| Unanimity | Art. 18 / 30 / 8 | disposal of common areas necessary to the purpose of the building; adding storeys by the association; modification of the apportionment of charges outside the cases provided for by law |
The distinction is decisive in practice: under the regime of Article 16, a high rate of absenteeism may be enough to block a decision, even without any opposition being expressed, since the majority is calculated on all co-owners. One should avoid using the sole French expressions « majorité absolue » or « double majorité » without citing the corresponding Luxembourg regime.
Number of votes and tied votes
Each co-owner has a number of votes equal to their share in the common areas (Article 19). However, a co-owner holding more than half of the shares has their votes reduced to the sum of the votes of the other co-owners: a majority co-owner therefore cannot decide alone.
In a building divided 600/400 in thousandths, the majority owner therefore carries only 400 votes against 400 — the rule applies to all majority calculations, and a majority co-owner cannot decide alone.
In the event of a tie in the votes (Article 19-1), the decision for which the greatest number of co-owners voted prevails. If the number of co-owners is also tied, a second vote is held immediately; if the tie persists, the district court may be seised.
The attendance sheet and proxies
An attendance sheet is kept showing the name and address of each co-owner and, where applicable, of their proxy, together with the number of votes they hold. It is the document that makes it possible, afterwards, to recalculate a majority. At the opening of the session, check the people present, the proxies, the proxy forms, the units, the votes and any limitations.
The minutes
The minutes turn the session into follow-up. They set out the text of each resolution and the result of each vote, indicating for each the names of the co-owners who voted against, those who did not take part in the vote and those who abstained. They also record the reservations requested as to regularity, the decisions taken, the mandates given and their effective dates.
After the meeting: what the vote sets in motion
The annual meeting decides in particular on the accounts, the budget and the works, under the conditions and majorities provided for by law. These votes become the basis of the service-charge statement for the financial year.
A decision duly taken may be challenged in court within a period of two months from its notification (Article 34); after that period, it can no longer be challenged on that basis. The session is therefore not a mere milestone: it is the moment when the questions are raised and when the year's follow-up is decided.
Key points
In practice, the preparation of a meeting comes down to a few reflexes that follow one another: start from previous decisions, provide the necessary documents, draft resolutions that can be carried out, identify the applicable majority before the vote and, once the session is closed, turn the minutes into a genuine follow-up tool.
Sources
The Law of 16 May 1975 on the status of co-ownership of built property sets the majorities and the challenge period (Articles 15 to 19-1 and Article 34): data.legilux.public.lu. The Grand-Ducal Regulation of 13 June 1975, for its part, governs the convening, the deadlines and the attendance sheet: data.legilux.public.lu.
Last checked: 2026-07-28.
Disclaimer
This guide sets out a general method. The applicable rules depend on the subject, the co-ownership regulations and the situation of the building. If in doubt about a majority or a deadline, check the applicable text or seek assistance.