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A decision taken by the board of directors that is recorded in writing in minutes or in a resolution in writing. Article 1086.1 of the Civil Code of Quebec states that the board of directors must send to the co-owners the minutes of any decision made at a meeting or any written resolution it adopts, within 30 days of the meeting or the adoption of the resolution. This article must be read in conjunction with article 1086.2 of the Civil Code of Quebec, which provides for a legal proceeding for co-owners to annul or modify a decision of the board of directors.
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
Decisions taken by the directors must be recorded and recorded in minutes. This document is essential for a co-ownership, as it ensures that the deliberations of the board of directors, as well as the results of each vote, are kept in writing so that any co-owner and administrator can refer…...
23/07/2024
When board members meet for a meeting, the agenda is essential so that they can deliberate effectively. It guides discussions and maintains attention on relevant topics. Board members should familiarize themselves with the issues and relevant documentation prior to the meeting. The agenda, usually prepared by the president of the…...
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
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…...
30/06/2024
At a meeting of the board of directors, directors must not make any decision that is biased, or with the intention of harming the co-owners (or any of them) or disregarding their rights. In case of defect, the co-owners (or a director) can now take legal proceedings to oppose decisions taken by…...