Where does the general assembly meeting need to be held?

Article 3 of the règlement grand-ducal prescribing the measures of execution of the law of the 16th of May 1975 concerning the statutes of co-ownership of existing constructions says that: ”Unless other stipulations are stated in the rules of co-ownership, the general assembly is held in the commune where the building is situated.”

This means that the meeting needs to be held in the commune where the building is situated but that the rules of co-ownership (règlement de copropriété) might offer another possibility. If the meeting is held in another commune, it will be without incidence on the validity of the decisions if all owners are present. If however the meeting is held in a commune not far away form the building, a request for annulment in the courts will not succeed unless the demanding party can prove harm was caused. The obligation to hold the meeting in the commune of the building is noted in the règlement grand-ducal of execution and not in the law itself. The principle of “law and order with no exceptions” given to the law is not given to the règlement grand-ducal of execution in Luxembourg, as it is in France.

(Trib. arr. Diekirch, 4 juin 2002; "La copropriété", KRIEGER G., Portalis éditions 2011, p209)