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Document signed by a co-owner (mandator) and evidencing a mandate in favour of another co-owner or third party (mandatory). Frequently, this mandate consists of representing and acting on behalf of a co-owner at the general meeting of co-owners. It should be noted that it is necessary to distinguish between a general power of attorney (the mandatory obtains extensive powers) and a specific power of attorney (the mandator gives precise voting instructions). This power and, where applicable, the written document that establishes it, are also called a mandate.
02/03/2010
During a meeting of co-owners, important decisions are made for each member of the co-ownership. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it is up to the co-owners to decide. However, if a co-owner is absent and has…...
21/10/2023
October 21, 2023 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for…...
09/09/2023
We have just learned that one of our co-owners has died. The latter's children are in conflict over who should inherit the apartment. We have even received letters from lawyers claiming the right to vote at the next meeting of co-owners. Questions: How should we deal with this family feud?…...
27/07/2023
Our condo manager offers rental management services to investor co-owners who own apartments in our building. These owners give proxies to our manager to vote on their behalf at meetings of co-owners, while he acts as presiding officer. We believe this is a conflict of interest. How do I fix…...
10/09/2022
En préparation d'une assemblée extraordinaire, certains copropriétaires ont signé une procuration afin de se faire représenter par un autre copropriétaire. À la suite d’une urgence, le mandataire désigné ne pourra pas participer. Celui-ci a signé une procuration à un membre du conseil d’administration. Question : Est-ce donc dire que les…...
02/08/2020
Question: Our co-ownership has 6 apartments. I am on the board of directors, which is made up of three directors. Having been unable to attend a board meeting, I gave a power of attorney to my neighbour. The two members of the Board of Directors denied this person the right to…...
01/07/2019
It is possible to make a decision without having a meeting. Article 354 of the Civil Code of Québec recognizes the value of a written resolution: "Resolutions in writing signed by all the persons qualified to vote at a meeting are as valid as if passed at a meeting of…...
15/11/2017
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…...
28/02/2011
One of the essential moments of co-ownership is undoubtedly that of the meeting of co-owners. It is during this meeting that major decisions of the co-ownership are voted, such as the carrying out of certain works, the sale of a common portion and the modification of the declaration of co-ownership.…...
02/03/2010
I was absent during the last meeting of co-owners. The directors are "all-rounders" and I don't see why I should listen to what they have to say. Moreover, as usual, they voted on completely absurd matters, such as sumptuous rehabilitation works for the entrance hall of the building. Question: Am I…...
02/03/2010
In our co-ownership, there is a clear disinterest of the co-owners which results in a very low attendance at the meetings of the co-owners. For a number of years now we have had difficulty reaching the quorum. The situation is difficult because decisions that sometimes happen to be made are not followed.…...
02/03/2010
At the last annual meetings, directors held more than 50% of the votes (proxies plus their own votes). He has enough votes to be re-elected year after year. We feel helpless because we don't really have the power to turn the tide when voting. Question: Is it possible in the…...