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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.
22/02/2025
I have to preside over the meeting of co-owners of the initial syndicate of a phased co-ownership, often mistakenly referred to as a horizontal co-ownership. This co-ownership consists of three buildings, each governed by its own declaration of co-ownership. I am wondering about the status of the co-owners of these…...
07/02/2025
I was absent from the last co-owners' meeting. I must admit that I have little confidence in the administrators' management and therefore see no point in attending. As usual, they passed resolutions that I find unreasonable, notably by approving costly renovations for the building’s entrance hall. Additionally, they amended the…...
05/02/2025
In our co-ownership, we are witnessing a clear lack of interest from co-owners, which is reflected in an extremely low attendance at the meetings of the co-owners. This disengagement has persisted for several years, to the point where it is becoming increasingly difficult to reach the required quorum for valid…...
04/02/2025
During the last annual meetings, the directors held more than 50% of the votes by combining the proxies they received with their own votes. This situation allows them to systematically secure a sufficient number of votes to be re-elected year after year, leaving other co-owners with little to no influence…...
25/07/2024
Our co-ownership consists of 6 apartments. I am part of the board of directors, which is composed of three directors. Unable to attend a board meeting, I gave a proxy to my neighbor. To my great surprise and indignation, the two members of the board of directors refused to allow…...
24/07/2024
In preparation for an extraordinary assembly, Mr. Wilson had initially received proxies from ten co-owners, each assigning a different number of votes. However, an unforeseen event prevents Mr. Wilson from attending the assembly. In anticipation of his absence, he has transferred these proxies to Mrs. Lafleur, who is a member…...
23/07/2024
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…...
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
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.…...
23/07/2024
During a meeting of co-owners, important decisions are made for each member of the co-ownership. These meetings are crucial as they determine the future management and maintenance of the property. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it…...
14/07/2024
The co-owners of an apartment in the building, Mr. Dupont and Mrs. Tremblay, are spouses in the process of divorce. Mr. Dupont has not attended the co-ownership meetings for two years, while Mrs. Tremblay is currently hospitalized. She wishes to be represented by her son at the next annual meeting.…...
13/07/2024
We have just learned that one of our co-owners has passed away. Her children are in conflict over who should inherit the apartment. This situation has created confusion regarding the legal representation of the deceased co-owner. We have even received letters from their lawyers claiming the right to vote at…...
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…...
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…...