Turnkey training for drafting general meeting minutes: Avoid the risk of litigation
The minutes (PV) of a general meeting (AGM) are an essential document in the management of condominiums. They provide written proof of decisions taken at the AGM, whether concerning works, budgets or the appointment of members to the syndicate council. However, poorly drafted minutes can give rise to the risk of litigation, or even the annulment of resolutions adopted. To help you draw up a flawless AGM minutes, here's a turnkey training course that will give you all the skills you need to draw up this document according to the rules.
Why is the drafting of AGM minutes crucial?
A legal obligation
Minutes are a requirement of article 17 of the French law of July 10, 1965 and the decree of March 17, 1967 governing co-ownership in France. At every general meeting, an accurate, detailed record of the decisions taken by co-owners must be drawn up. Omissions or errors can have far-reaching legal consequences, particularly in terms of the validity of decisions.
A proof tool in the event of a dispute
In the event of conflict between co-owners or with the managing agent, the AGM minutes play an essential role. It serves as written proof of the proceedings and resolutions adopted at the meeting. Incomplete or imprecise drafting can give rise to disputes in court.
The basics for flawless AGM minutes
The drafting of general meeting minutes must follow a strict methodology and meet a number of legal criteria. Here are the main points to bear in mind:
Respecting chronology
The minutes must comply with the agenda set out in the notice of meeting. Every item discussed at the meeting must be listed in the order originally planned. This guarantees the transparency and accuracy of the decisions taken.
Precise information
The PV must include the following elements:
- Condominium identification (building address, subdivision number, etc.).
- The date, time and place of the AGM.
- The list of participants (owners present, proxies and union council members).
- Adopted resolutions: decisions must be clearly formulated and specified, including the results of votes, with "for", "against" and "abstentions" indicated.
- Any appendices: if documents or proposals have been presented at the AGM, they must be listed as appendices.
Impartiality and objectivity
The person who draws up the minutes, often the managing agent, must ensure that the document is factual and objective. Subjective comments or personal interpretations should be avoided.
Compliance with voted decisions
Each resolution must be drafted clearly, using the exact terms that were voted on at the meeting. Ambiguous wording can lead to disputes and difficulties in implementing decisions.
Turnkey training course for drafting AGM minutes
To ensure complete mastery of minute writing, a dedicated training course can be structured into several teaching modules. Here is a detailed outline of a turnkey training program to avoid any risk of litigation:
Module 1: The legal basis of AGM minutes
- Learn the legal requirements for drafting (law of July 10, 1965, 1967 decree).
- Understand the consequences of poorly drafted minutes: invalidity, contestation of decisions, civil liability of the managing agent.
- Identify the stakeholders involved in drawing up and validating the PV.
Module 2: Preparing for the Annual General Meeting
- Check that the agenda is correct.
- Organize note-taking at the AGM: which tools to use (recordings, note-taking software, etc.).
- Manage attendance: list of participants and representation mandates.
Module 3: Drafting the minutes
- Structuring the minutes: how should information be organized?
- Formulating decisions: clear, concise writing techniques.
- Integrate mandatory elements (resolutions passed, calculation of majorities, appendices).
Module 4: Verification and validation
- Check the legal conformity of the PV.
- Check voting figures (legal majorities).
- Draft any comments from co-owners.
Module 5: Communication and archiving
- Send the minutes to co-owners within the allotted time (maximum 3 months after the AGM, in accordance with article 42 of the 1965 law).
- -Arrange for the minutes to be archived for future reference.
Case studies and exercises to consolidate skills
A good training course should include practical exercises to enable participants to apply their knowledge immediately. Here are a few examples of relevant exercises:
General meeting simulation
Participants play the roles of co-owners, meeting chairman and secretary. At the end of the simulation, each trainee draws up a PV based on the fictitious resolutions adopted.
Analysis of erroneous PVs
Participants are given examples of poorly drafted minutes and asked to identify the errors. This exercise helps them better understand the pitfalls to avoid.
Writing from notes
Based on simplified note-taking of an AGM, trainees are asked to draw up a complete minutes report using the methodology taught.
Common mistakes to avoid when drafting AGM minutes
Even with training, certain mistakes can creep into drafting. Here are the main mistakes to avoid in order to limit the risk of litigation:
- Forgetting to mention a vote: Every decision must be accompanied by its result.
- Drafting a PV that is too succinct: An incomplete PV can be contested by co-owners.
- Add personal comments: The PV should be factual and not reflect the writer's opinion.
- Confusing the majorities required: AGM resolutions are adopted according to different majority rules (simple, absolute or double majority depending on the nature of the resolution).
What are the deadlines for finalizing and communicating the AGM minutes?
Once the general meeting is over, the managing agent has a maximum of 3 months to transmit the minutes to the co-owners. This deadline is imperative, as any delay could result in the validity of the decisions adopted being challenged.
What's more, co-owners have 2 months from receipt of the PV to challenge a decision in court. It is therefore essential that the document is clear and legally sound from the outset.
Turnkey training: for whom?
This course is designed for several profiles:
- Professional trustees, who are obliged to master the drafting of AGM minutes.
- Union council members, who are often involved in rereading and checking minutes.
- Co-owners who want to better understand the legal issues involved in AGMs.
Conclusion: An essential skill to avoid the risk of litigation
Drawing up the minutes of a general meeting is a complex task, but one that cannot be ignored in condominium management. Dedicated training is the ideal way to master the legal and practical aspects of this task. By following a rigorous methodology and applying best practices, you'll avoid the risk of disputes and contribute to the smooth management of your co-ownership.
