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Majority with a larger percentage than the absolute majority of the votes of the co-owners present or represented at the meeting. Thus, for the adoption of certain specific decisions, article 1097 of the Civil code of Quebec requires a majority representing three-quarters of the votes of the co-owners present or represented at the meeting. However, at a make-up meeting, article 1089, paragraph 2, of the Civil Code of Quebec specifies that the decisions on the matters listed in article 1097 of the Civil Code of Quebec may be made at the new meeting only if the co-owners hold at least the majority of the votes of all the co-owners.
22/06/2024
I discovered an error in our declaration of co-ownership. Specifically, the lot number of one of the units is omitted in the description of the fractions, although it is correctly mentioned elsewhere in the declaration of co-ownership, notably in the table of relative values. As a director of our co-ownership,…...
17/07/2019
Works for the alteration, enlargement or improvement of the common portions are subject to a special regime. On the one hand, such work must be the subject of a formal authorization from the meeting of co-owners, by the enhanced majority of article 1097 of the Civil Code of Quebec. On the other hand, this kind…...
09/06/2024
In a co-ownership setting, certain renovations or modifications made by a co-owner may impact the common portions, necessitating specific procedures and approvals. When the work of a co-owner has an impact on the common portions, the latter must obtain authorization from the meeting of co-owners to have it undertaken, even if the…...
12/02/2015
As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at…...
09/06/2024
Sometimes, co-owners of contiguous private portions wish to modify the boundaries of their private portions. For example, if one of the two co-owners wishes to enlarge their apartment by incorporating part of the adjacent unit, specific procedures are necessary. Similarly, when a co-owner wishes to merge two units they own…...
07/06/2024
Question: Can a meeting of co-owners take a regular decision despite the abstention of many co-owners present? How should these absentees be dealt with (a vote for or against)? And what about accounting for abstentions when board members vote? Answer: Abstaining is a matter of concern in any democracy. Co-ownership is no exception to…...
31/03/2024
The co-owners have a legal proceeding when they oppose decisions taken by the meeting of co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the meeting of co-owners, the legislator allows such recourse only in certain circumstances. Thus,…...
20/01/2024
The Civil Code of Quebec requires an enhanced majority for certain decisions that have a greater impact on the community of co-owners or on their individual rights. These decisions can significantly influence the daily lives of co-owners and the value of their properties. In addition, this enhanced majority is intended to temper…...
30/12/2023
The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of…...
26/12/2023
The rules for voting in meeting of co-owners vary depending on the importance of the decision to be made. They require a complex calculations in order to determine whether a the required majority has been reached. To do so, you must make sure that the register of co-owners is up to date, and that the…...
07/08/2021
Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on…...
01/07/2018
Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if…...
02/03/2010
In order for a Meeting of co-owners to deliberate and adopt decisions, the Law provides that the co-owners (present or represented), eligible to vote, must hold the majority of votes. This requirement is called a quorum.It is also necessary that the quorum be maintained for the duration of the meeting.…...