This is the question we are asked most, and the one on which the most loosely worded information circulates. In Luxembourg, the majority rules follow from articles 15 to 18 of the amended Law of 16 May 1975. They are not the French rules: the French Law of 1965 and the legislation amending it do not apply here.
The starting point: each co-owner has a number of votes corresponding to their share in the common parts (article 19). Votes are therefore counted in thousandths, not per head — except under the double majority, which counts both.
1. The simple majority (article 15)
This is the general rule: decisions are taken by a majority of the votes of the co-owners present or represented by a duly appointed proxy, all co-owners having been properly given notice, unless the Law provides otherwise.
This majority covers, in particular: approval of the accounts, the vote on the forecast budget, routine maintenance and repairs, the terms of the syndic’s (the managing agent’s) remuneration and the specific arrangements for performing its mandate (article 19 of the Grand Ducal Regulation), and the amount of the contribution to the fonds de travaux (the statutory works fund, article 11 bis of the Law).
2. The absolute majority (article 16)
Here the majority is calculated on the votes of all the co-owners — present, represented and absent alike. In a condominium expressed in thousandths, more than 500 thousandths must therefore be gathered. The decisions concerned are those relating to:
- any delegation of the power to take a decision falling under the simple majority;
- authorisation given to individual co-owners to carry out, at their own expense, works affecting the common parts or the external appearance of the building, and consistent with its intended use;
- the appointment or removal of the syndic and of the members of the conseil syndical (the co-owners’ supervisory board);
- repair, renewal or replacement works involving the improvement or alteration of existing items of equipment;
- energy renovation works;
- works to create infrastructure in the common parts in preparation for the installation of service ducts;
- works to install facilities for the generation and storage of energy from renewable sources in the common parts.
The last three cases were added by the Law of 30 June 2022.
Where no decision is taken by the article 16 majority, a further meeting decides by the simple majority of article 15. If the agenda of that further meeting covers only questions already listed, the notice period may be reduced to eight days and the supporting papers need not be served again (article 11 of the Grand Ducal Regulation).
3. The double majority (article 17)
Two cumulative conditions: a majority of the members of the syndicat de copropriété (the co-owners’ association) representing at least three quarters of the votes. It applies to:
- deeds of acquisition of property and deeds of disposal;
- amendment, or where applicable the drawing up, of the règlement de copropriété (the condominium regulations) as regards the enjoyment, use and administration of the common parts;
- works involving alteration, addition and improvement, with the exception of those now classified under article 16 and those relating to host infrastructure for high-speed networks (Law of 22 March 2017).
4. Unanimity, and what no majority can impose
Unanimity is required in order to alter the apportionment of charges (article 8), except where that alteration is made necessary by works or deeds duly voted — in which case it is decided by the same majority as those works or deeds. It is also required in order to dispose of common parts whose retention is necessary in order to respect the intended use of the building (article 18), and for adding storeys or constructing new buildings carried out by the association (article 30).
Finally, one absolute limit: the general meeting cannot, by any majority whatsoever, impose on a co-owner any change to the intended use of their private parts, or to the terms on which they enjoy them, as these follow from the condominium regulations (article 18).
Where the votes are tied
If the meeting cannot adopt a resolution because the votes are evenly split, the decision adopted is the one for which the greater number of co-owners voted. If both the votes and the number of co-owners are evenly split, a second vote is held immediately; if the deadlock persists, any co-owner may apply to the district court (article 19-1).
Is a meeting always necessary?
Not always. Decisions on the maintenance and renewal of the common parts — even where they involve replacing an item that is beyond use with a more advanced installation — may be taken outside a meeting, by written consultation, provided the syndic has submitted all the information needed to form a view, in particular the cost of the works. Use of this procedure must first be authorised by the conseil syndical, if one exists (article 14 of the Law).
A great deal of the information found online describes French condominium law. The thresholds, the article numbers and the procedures all differ. For your building, only Luxembourg law and your own condominium regulations count.
Are you preparing a resolution and wondering which majority applies to it? That is exactly the kind of question to put to us ahead of the meeting: how the decision is classified determines whether it is valid.
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.