An informed vote presupposes having read the papers before the meeting. The Grand Ducal Regulation of 13 June 1975 does not leave this to the syndic’s discretion: it lists what must be sent to you, and when.
A rule that protects you: no vote outside the agenda
The meeting may validly deliberate only on the questions listed on the agenda, and only in so far as the required documents were served in accordance with articles 3 to 5 of the Grand Ducal Regulation (article 6). In other words, a resolution that appears out of nowhere during the meeting cannot be validly voted. This rule is your best protection against improvised decisions.
The papers served no later than with the agenda
Article 5 of the Grand Ducal Regulation requires the following documents to be sent no later than at the same time as the agenda:
- where the meeting is called upon to approve the accounts: the account of income and expenditure for the financial year just ended, a statement of debts and receivables, and the cash position;
- where it is called upon to vote the appropriations for the coming year: the forecast budget, together with the documents above;
- where it is called upon to draw up or amend the règlement de copropriété (the condominium regulations), the état descriptif de division (the schedule of division of the building) or the schedule of apportionment of charges: the relevant draft;
- where it is called upon to approve or authorise a transaction, a quotation or a works contract: the essential terms of the proposed contract;
- where it must decide on certain questions under articles 16, 17 and 30 of the Law, or authorise the syndic to bring proceedings: the draft resolution.
Adding an item after the notice has gone out
You can add to the agenda. Within six days of the notice of meeting, one or more co-owners, or the conseil syndical (the co-owners’ supervisory board), serve on the person who convened the meeting the questions they wish to have listed. That person then serves on the members of the meeting a schedule of those questions at least five days before the meeting (article 4 of the Grand Ducal Regulation).
Six days is not long. The habit worth having is therefore to put your requests to the syndic before the notice of meeting goes out: they are then placed on the agenda from the outset, with the necessary supporting papers.
A request set out in a single line stands little chance of being voted. A drafted resolution, a quotation, a drawing or visual, and an estimate of the cost per unit: that is what turns an idea into a decision. The supervisory board can help you put it into shape.
Who checks the accounts beforehand
The supervisory board oversees the syndic’s management, and in particular its bookkeeping, the apportionment of expenditure and the terms on which contracts are awarded and performed. One or more of its authorised members may inspect and take copies, at the syndic’s office and having given it notice, of the management records and registers (article 16 of the Grand Ducal Regulation). The meeting may also commission an audit.
If you need a particular document
If a document is missing, or a line in the accounts looks obscure to you, ask for it before the meeting: a question raised in advance gets dealt with, whereas one raised from the floor gets deferred. Write to us stating your building and your unit, and we will answer on your own situation.
General information on Luxembourg condominium law (the amended Law of 16 May 1975 and the Grand Ducal Regulation of 13 June 1975, in their consolidated version applicable as at 1 August 2023). Your own règlement de copropriété may lay down specific rules, which prevail within the limits set by the law. This content is not legal advice.