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Voting system used at a general meeting of the co-owners or a meeting of the board of directors, in which participants are asked to answer anonymously a question put to the vote. The Civil Code of Quebec states that the vote of the members is by a show of hands or, on request, by secret ballot. Oddly, the decision-making process at a general meeting of the co-owners does not allow for a secret ballot, in the absolute sense of the term. Article 1090 of the Civil Code of Québec stipulates the following: "Each co-owner shall have at the general meeting a number of votes proportional to the relative value of his fraction". Thus, the ballot must necessarily indicate the number of votes attached to the fraction of the co-owner.
25/07/2024
During a recent co-owners' meeting, the president of the meeting distributed post-it notes and asked the co-owners to write their unit number and the names of five people of their choice to form the board of directors, which consists of five members. This is the first time I have encountered…...
23/07/2024
Co-owners must make decisions that are essential for the life of their co-ownership, which cannot be adopted by the board of directors without their consent. To this end, the meeting of co-owners brings together the co-owners or their representatives, at least once a year. In this context, the taking…...
23/07/2024
In order for the board of directors to validly deliberate and make decisions, the declarations of co-ownership generally provide that a minimum number of directors must participate to the meeting. This requirement is called the quorum. Unless the board of directors is composed of a single director, the quorum at a…...
23/07/2024
The board of directors occupies an important function in co-ownership governance. It holds meetings as often as the interest of the collectivity of co-owners require and addresses any matter that concerns the syndicate’s good management. These meetings are moderated by a president who ensures their efficient conduct. Directors can debate…...
23/07/2024
The COVID-19 health crisis and its procession of government restrictions to limit gatherings have often made it impossible to regroup. The legislator was forced to organize the rescue of legal persons, banned from assemblies, to preserve, at least for a time, their functioning. The syndicates of co-owners have thus adopted…...
23/07/2024
The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to…...