What is a general meeting (AV)?

What is a general meeting (AV) in a co-ownership? In an apartment building, the co-owners make decisions together regarding the management of their building. This takes place at the general meeting (GM). But what exactly is a general meeting and how does it work? The general meeting is the highest decision-making body of the Owners Association (Owners Association). All co-owners come together to vote on the management, finances, and works in the building.
What is the role of the general meeting? The general meeting is the body where the co-owners collectively determine the course of the building. The Property Manager carries out the decisions, but the decision-making power lies with the owners themselves.
The general meeting decides, among other things, on:
- Approving the annual accounts and the budget
- Appointing or dismissing the Property Manager
- Carrying out works on the common areas
- Amendments to the deed of foundation or the co-ownership regulations
- Determining the provisions and contributions
Without a general meeting, the Owners Association cannot function correctly.
How often does the general meeting convene? Legally, at least one general meeting per year is mandatory, the so-called ordinary or annual meeting. The Property Manager convenes this, usually in the autumn.
In addition, an extraordinary general meeting can be convened when:
- The Property Manager deems this necessary
- Co-owners who together hold more than one-fifth of the shares request it
- Urgent decisions are required regarding works or disputes
Who may participate in the general meeting? All co-owners have the right to participate in the general meeting and to vote. Voting rights are determined based on the number of shares in the common areas, as established in the deed of foundation.
Those who cannot be present can:
- Give a proxy to another co-owner
- In some cases, participate digitally, if the meeting allows it
Tenants do not have voting rights at the general meeting. Only owners decide.
How does a general meeting proceed? The Property Manager convenes the meeting via a written invitation, at least fifteen days in advance. This invitation contains the agenda with all items to be discussed.
During the meeting:
- Each agenda item is discussed and put to a vote
- Specific majorities apply depending on the decision
- Minutes are drawn up by the Property Manager
The minutes are subsequently delivered to all co-owners, including those who were not present.
Which majorities apply? Not every decision requires the same majority. The Apartment Act makes a distinction:
- Simple majority (more than half): for current management tasks such as small works or contracts
- Three-quarters majority: for more important decisions such as major works or amendments to the internal rules of procedure
- Four-fifths majority: for significant changes to the deed of foundation or the co-ownership regulations
- Unanimity: for the most serious decisions, such as the complete dissolution of the Owners Association
What if a co-owner disagrees with a decision? A co-owner who does not agree with a decision of the general meeting can challenge it before the justice of the peace. This must be done within four months of receiving the minutes. The judge can annul a decision if it conflicts with the law or the statutes of the building.
What is the conclusion? The general meeting is the heart of the co-ownership. It gives the co-owners a voice and decision-making power over their building. A well-prepared and correctly conducted general meeting is essential for transparent and harmonious management. The Property Manager organizes and guides the meeting, but the decisions lie with the owners themselves.
The decision-making power does not lie with the Property Manager but with the owners themselves.
