- Notice period: 15 days minimum (ordinary GA), shortenable in case of justified urgency for an extraordinary GA
- Closed agenda: only listed items may be voted — no surprises from the floor
- 4 majority levels: simple (50%+1), 2/3 (major works), 3/4 (bylaws amendment, shares), unanimity (disposal of essential common areas)
- Proxies: a co-owner may not hold more than a limited number of proxies
- Mandatory minutes: signed by the chair of the meeting and the secretary, notified to all co-owners within a month
- Remedy: action for annulment within 60 days of notification of the minutes for dissenting or defaulting co-owners
1. The notice: form and content, to the letter
The serving syndic convenes the ordinary GA at least once a year within the six months following the close of the accounting year. The extraordinary GA may be convened at any time by the syndic, the syndical council, or by one quarter of the co-owners together representing at least one quarter of the shares.
The notice must reach each co-owner at least fifteen days before the date of the GA, by registered letter with acknowledgement of receipt (or any means giving a certain date). It must include: the date, time and place of the meeting, the detailed agenda item by item, and the necessary supporting documents (accounts for the past year, forecast budget, works quotes, draft resolutions).
A late, incomplete or unsent notice to a co-owner is a classic ground for the court to annul the GA. The syndic must keep the acknowledgements of receipt as proof.
2. Agenda: what is not on it cannot be voted
Absolute principle: no decision may be taken at a GA on a subject not placed on the agenda. This protects absent co-owners, who may have chosen not to attend precisely because no sensitive matter was listed. Any other business gives rise to no enforceable decision, only to informational exchanges.
The agenda must be sufficiently precise: "approval of 2025 accounts"; "2026 forecast budget (xxx MAD)"; "vote on facade renovation works (quote A xxx MAD, quote B xxx MAD)"; "renewal of the syndic contract". An overly general wording ("financial matters", "miscellaneous works") is voidable.
3. Quorum and majorities: the mechanics of the vote
Law 106-12 distinguishes several majority levels depending on the nature of the decision. Here are the main regimes every syndic and co-owner must know by heart:
| Type of decision | Required majority |
|---|---|
| Approval of accounts, budget, standard syndic contract | Simple (50%+1 of those present and represented) |
| Ordinary maintenance and conservation works | Simple |
| Energy-saving works, accessibility for persons with reduced mobility | Simple (Law 106-12) |
| Major improvement works, facade renovation, new lift | 2/3 of the shares |
| Amendment of condominium bylaws, redistribution of shares | 3/4 of the shares |
| Disposal of essential common areas, change of intended use | Unanimity |
Need help anticipating the majorities before a sensitive GA? Our condominium advisory service audits the notice, drafts the agenda and models the thresholds.
4. Proxies, attendance, chair, secretary
An absent co-owner may give a proxy to another co-owner or to a third party (except to the serving syndic, who cannot be mandated for independence reasons). The proxy must be written, dated, signed, and precisely designate the proxy-holder and the GA concerned. A single proxy-holder may not hold more than a limited number of proxies — beyond that, the additional proxies are void. This rule prevents a single individual from controlling the GA by collecting blank proxies.
An attendance sheet is kept at the start of the meeting, listing each co-owner present or represented, the number of thousandths held, and the signature. The GA elects a chair of the meeting (usually a co-owner) and a meeting secretary (often the syndic or a member of the syndical council). These two functions are essential: they are the ones who sign the minutes.
5. The minutes: the evidence that circulates
For each resolution the minutes record: the exact wording, the number of thousandths voting for, against, or abstaining, the outcome (adopted or rejected), and any statements from dissenters who wish to appear in the minutes (useful to preserve their right of remedy).
The minutes are signed by the chair of the meeting and the secretary, then notified to all co-owners (present, represented and defaulting) within the month following the GA, by registered letter or any means giving a certain date. This notification starts the time limit for the action for annulment open to dissenters and defaulting co-owners.
6. The mistakes that void an entire GA
- Late notice (less than 15 days) or not sent to a co-owner
- Agenda too vague or a decision taken on an unlisted item
- Missing supporting documents (accounts not attached, quotes not attached)
- Majority incorrectly calculated (vote per head instead of thousandths, or wrong threshold)
- Excess proxies held by a single proxy-holder
- No signed attendance sheet
- Minutes signed by the syndic alone (without a chair of the meeting)
- Minutes not notified within the legal deadline to defaulting co-owners
Any dissenting or defaulting co-owner may refer the matter to the court of first instance within 60 days of notification of the minutes. If the irregularity is established, the GA is annulled — either entirely (defect in the notice), or on the disputed resolution (defect in the majority). Annulled decisions are deemed never to have existed.
GA preparation support
Notice audit · Agenda drafting · Majority anticipation · Attendance if needed
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