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 compilation of votes is done according to the relative value specific to each fraction. This reduces the risk of contestation of an adopted resolution. That said, some decisions have extremely important consequences for all co-owners so the requirements in terms of majorities are then higher. For this reason, the law essentially imposes four levels of majority: absolute, enhanced, double and unanimity.. Unanimity may exist in some co-ownership declarations made before 1994.
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WHAT YOU SHOULD KNOW! Where the co-owners are prevented from acting as a majority or in the specified proportion owing to an impediment or the systematic opposition of some of them, the court may, on the application of a co-owner, make any order it sees fit in the circumstances.
WHAT TO KEEP IN MIND : The declaration of co-ownership cannot modify the majority regime, as defined by the Civil Code of Québec. Not only can this regime not establish more flexible rules, nor can it be more demanding than the law. Legal majorities are imperative, it is impossible to derogate from them. Thus, any stipulation in the declaration of co-ownership that modifies the number of votes required to take a decision under this chapter shall be deemed to be unwritten.
WARNING! Certain declarations of co-ownership registered before January 1, 1994 provide for a unanimous vote for decisions to change the destination of the immovable. Under section 53 of the Act respecting the implementation of the reform of the Civil Code, this unanimity remains as an exception.
