The minutes are not a courtesy summary: they are the document that establishes what was decided, by whom, and by what majority. They are also what starts the time running for any challenge.
What the minutes must contain
Minutes of the proceedings of each meeting are drawn up and signed by the chair, by the secretary and by the members of the committee where one has been appointed. The minutes (article 10 of the Grand Ducal Regulation):
- contain the text of each resolution;
- state the result of each vote;
- set out the names of the co-owners who voted against the decision, of those who did not take part in the vote and of those who abstained;
- record, at the request of one or more of those voting against, any reservations they express as to the regularity of the proceedings.
The minutes are entered one after another in a register opened specially for the purpose. The syndic (the managing agent) holds that register and issues copies or extracts which it certifies as true copies (articles 10 and 23 of the Grand Ducal Regulation).
Who writes them, who chairs
At the start of each meeting, the meeting appoints its chair and, where applicable, its committee. The syndic acts as secretary of the meeting, unless the meeting decides otherwise (article 8 of the Grand Ducal Regulation). An attendance sheet is kept, stating the name and address of each co-owner and, where applicable, of their proxy holder, together with the number of votes they hold; it is initialled by those present and certified as accurate by the chair (article 7).
The syndic is therefore neither the chair of the meeting nor the guarantor that the votes were properly taken: the meeting is, through its chair.
Proceedings to challenge decisions of general meetings must, failing which the right is lost, be brought by co-owners who voted against or were absent and unrepresented within two months of notification of those decisions, served at the syndic’s initiative (article 34, second paragraph, of the Law). Once that period has passed, the decision can no longer be challenged, however irregular it may have been.
Who may challenge, and what
Two conditions emerge from the provision. First, standing: only a co-owner who voted against or who was absent and unrepresented may bring proceedings. A co-owner who voted in favour, or who abstained at the meeting, is not in that position — hence the importance of having your vote against recorded in the minutes. Second, the time limit: two months from notification.
A special case exists for improvement works resolved upon under article 26: a co-owner who voted against and who, within that same period, applies to the civil court for a declaration that the improvement amounts to excessive expenditure in the light of the condition, the characteristics and the intended use of the building, has the decision rendered unenforceable against them (article 29).
The other time limits
Without prejudice to any special provision setting shorter periods, personal actions arising from the application of the Law between co-owners, or between a co-owner and the syndicat de copropriété (the co-owners’ association), are time-barred after ten years (article 34, first paragraph). All disputes arising from the application of the Law fall within the jurisdiction of the place where the building is situated (article 35).
The habit worth having
As soon as the minutes arrive: check that your votes and any reservations appear in them, that the result of each vote is stated, and that the resolutions match what was actually debated. A clerical error is quickly corrected if it is raised straight away. If you are considering challenging a resolution, do not let the time run: take advice promptly, and talk to us about your situation — some difficulties are resolved by putting the item back on the agenda rather than before a court.
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.