Certain subjects are likely to appear on the agenda of future co-ownership general meetings (AG), whether they are the subject of a legal obligation, or whether they are simply in the spirit of the times .
Energy renovation
If their building was built before 2013, the co-owners must vote to carry out a collective energy performance diagnosis (EPD) (1); and if it is more than 15 years old, they are also required to establish a draft multi-year work plan (PPPT) (2). This aims to identify and prioritize the projects essential for the proper maintenance of the building, and to schedule them over time, in order of urgency.
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These two imperatives, related, are ideally the subject of the same AGM resolution. Indeed, the PPPT being carried out based on an analysis of the building and the energy performance of the building, it presupposes the creation of a collective DPE.
“Without going into the detail of this double obligation, which is difficult to read, the text of the resolution must be very clear on the need to implement a PPPT, and the fact that the expert who will carry it out will rely on a DPE and a global technical diagnosis
,” indicates Olivier Safar, Parisian trustee and president of Unis Ile-de-France, a union of real estate professionals.
50%
This is the participation rate of co-owners in AGMs.
“If this is not a real lack of interest, this rate remains largely insufficient in the context of good management
,” we explain to the Consumption, Housing and Living Environment association (CLCV).
Initially, the AG must therefore decide on the choice of this professional (architect, design office, etc.), whose skills criteria are provided for by decree (3). This decision is made on the basis of the quotes retained by the trustee and annexed to the agenda of the General Meeting. The vote is by simple majority of article 24. The selected professional will return to present his draft plan at the following general meeting, the co-owners then deciding on its adoption, this time by an absolute majority of article 25. They will then decide each year (also by absolute majority) on the advisability of initiating the various work stations provided for in the plan.
What about compost bins? It’s at your discretion!
The installation of compost bins in the common areas of buildings is not required, as long as the community sets up a bio-waste sorting system on its territory. The co-ownership can nevertheless decide to equip itself with a composter: the AG decides on the principle of installation, the choice of model and the place where it will be installed by an absolute majority
(article 25)
. The maintenance of the bins is voted on by a simple majority (article 24). The trustee must display,
“visibly”
and
“in the spaces assigned to the disposal of household waste”
, information relating to local rules regarding waste sorting and the address, times and methods of access to the recycling centers on which the co-ownership depends (1). Reference:
(1)
Art. 18 III al. 3 of law no. 65-557 of 10.7.65
“At each stage, the AG keeps control
,” continues Olivier Safar, who has already observed
“last year, some refusals to vote for the PPPT, on the grounds that the quotes presented were too high. The co-owners asked me to have others made and will decide again this year. »
What risk is there in not adopting the PPPT project on time? Apart from the obvious possibility of missing out on a necessary renovation, the absence of a project could pose problems for co-owners putting their property up for sale, because the law requires the PPPT to be annexed to the authentic deed of sale (4 ). Sellers who are unable to do this risk attracting suspicion from potential buyers…
To know
Co-ownerships must have a draft PPT and a collective DPE on different dates depending on their number of residential lots.
+ 200 lots: PPPT and DPE no later than January 1, 2024;
from 50 to 200 lots: PPPT in 2024 and DPE no later than January 1, 2025;
of 50 lots: PPPT in 2025 and DPE no later than January 1, 2026.
Electric vehicles
If the building is equipped with a parking lot, the AG must decide on the establishment of a collective charging infrastructure for electric vehicles. The content of the resolution differs depending on the progress of the project. The trustee must first register the question of carrying out a study which will focus on the suitability of the existing electrical installation for the future equipment and, if it is not suitable, the work to be carried out so that it is suitable. or (5).
Secondly, the co-owners vote on the installation of a collective infrastructure, based on the results of this study and various quotes (6). This involves opting between a common delivery point (PDL) for the entire car park – the installation and operation of the collective infrastructure being carried out by a private operator (Zeplug, Park'n Plug or Mobilygreen, among others). others) – and individual PDLs. The cost is shared according to the rule of fees, but it is possible to have the installation financed by the operator or network manager (Enedis), with only the connected co-owners paying a share. Another avenue is on the rise: Logivolt, a subsidiary of the Caisse des Dépôts, finances the installation, then entrusted to a private partner operator, and the co-owners only pay a share from the date of their connection.
With this particularity that installation is possible here even if no co-owner immediately plans to connect. David Rodrigues, lawyer for the Consumption, Housing and Living Environment association (CLCV), advises
“putting the question of connection on the agenda, even if it means postponing the choice of solution until later, in order to avoid simple individual connections to the existing network
. This practice, possible in very small buildings, quickly becomes unviable (only a few connections are possible without harming the proper functioning of the network) and complicates load sharing.
Planning a general meeting: mark your calendars!
D-180 (+ or -):
is work planned at the co-ownership level? The union council takes care of the quotes
D-90:
it is time for the union council to control the trustee's accounts.
D-60 (or +):
this is the time to send the questions to be included on the agenda to the trustee.
D-50 (or +):
the trustee draws up the agenda in consultation with the union council
D-21*
:
The co-owners receive the notice, by registered letter or by hand, against signature
(art. 9 al. 3 of the decree of 17.3.67).
From D -21 to D:
any co-owner can consult the accounting documents under the conditions set by the trustee
(art. 9-1 al. 1 of the decree of 17.3.67).
D+60 (at +):
any opposing or absent co-owner who is not represented may contest a voted decision.
(art. 42 al. 2 of the law of 10.7.65).
* 23 days in reality, because it is necessary to count the day the convocation is sent and the day the AGM is held. The co-ownership regulations may provide for a longer period.
Olympic Games
If you live in Paris or one of the cities hosting Olympic Games events, the subject could well come up at your next AGM. Not necessarily in the form of a resolution but, at least, a communication from the trustee.
“Our managers plan to approach the subject from several angles
,” explains Delphine Merle, co-founder of White Bird, a property management firm.
“First of all, by reminding the rules regarding seasonal rentals, in particular to explain to co-owners that seasonal rentals are subject to very strict regulations. Then, if work is planned during the summer, we must ensure that the suppliers and service providers concerned will be ready to deal with possible traffic difficulties. »
Fnaim du Grand Paris recommends that its members take advantage of the AGM period to
“remind co-owners of the rules of use and caution when using balconies and terraces”
, as Olivier Princivalle explains, its president. He fears
"that around the competition sites and the places of the opening and closing ceremonies of the Games,
pleasure balconies will be used as stands accommodating dozens of spectators, with an increased risk of falls
»
. Communication during the AGM will have the advantage of including the warnings in the report addressed to all co-owners, present or not at the meeting, occupants and lessors alike.
References
(1)
Art. L 126-31 of the construction and housing code (CCH).
(2)
Art. 14-2 of Law No. 65-557 of 10.7.65.
(3)
Decree No. 2022-663 of 25.4.22.
(4)
Art. L 721-2 of the CCH.
(5)
Art. 24-5 of the law of 10.7.65.
(6)
Art. 24. II, i) of the same text.