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During our last co-owners' meeting, an unexpected debate arose between some co-owners and the meeting chair. As the agenda was nearing its end, one co-owner spoke up to propose adding an item under the "varia" section. He wanted to discuss the modernization of our entrance hall, a topic he considered important but which had not been included on the agenda. The chair then reminded everyone that the "varia" section allowed for the discussion of…...
We are a small co-ownership and have neither the means nor the time to hold elections to appoint directors. Moreover, we have been operating very well this way for years. And before moving into this apartment, I lived in a much larger co-ownership by phases and asked myself the same question when the syndicate entrusted the management of the immovables to a professional manager: was there still a need to keep a board of directors?…...
I am a new owner in a small co-ownership. The directors are volunteers. I am wondering about the most effective way to raise awareness among co-owners and directors about the importance of complying with our declaration of co-ownership and recent legislative changes. My goal is to address this delicate issue without provoking hostile reactions or conflicts. It is important to know that the accumulated funds in the contingency fund are insufficient. Only 5% of the…...
Question: According to article 352 of the Civil code of Quebec, the co-owners, if they represent 10% of the votes, may require the directors or the secretary to call an annual or special meeting by specifying, in a written notice, the matters to be dealt with therein. However, our declaration of co-ownership indicates that to request such a convocation, it is necessary to obtain 20% of the votes. Does our declaration of co-ownership take precedence…...
As a co-owner, I want to understand the deadlines for submitting questions to the agenda for the upcoming annual co-owners' meeting. Article 1088 of the Civil Code of Quebec provides that any co-owner can request the board of directors to add any other question to the agenda within 5 days of receiving the notice of meeting. Questions: Are these 5 days business days or simply 5 consecutive days? If I receive the notice on Friday, is…...
During a recent co-owners' meeting, the president of the meeting distributed post-it notes and asked the co-owners to write their unit number and the names of five people of their choice to form the board of directors, which consists of five members. This is the first time I have encountered such a practice. Generally, co-owners vote only for the candidates they deem suitable for a position on the board of directors, whether it be one…...
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 this person to participate in the meeting. This decision not only sparked a heated controversy but also raised questions about the legality of their actions.…...
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 of the board of directors. Question: Is Mrs. Lafleur authorized to exercise the votes associated with these ten proxies during the meeting of co-owners....
An owner (formerly the president of the board) wants to modify the minutes of the meeting of co-owners that took place two years ago. At our last meeting of co-owners, these minutes were adopted by all the owners present and represented at the time. Currently, three out of six owners are new, meaning they were not present at this last meeting. Given the circumstances, I find it hard to see how a vote could be…...
Due to covid, the board of directors of our building has held the meeting of co-owners on a ZOOM platform for the past two years. Despite this trouble shooting option, the result was unsatisfactory overall. Today, the co-owners are preparing a petition for the board of directors to return for the next annual meeting scheduled for the end of two months, in the usual format, a face-to-face meeting. Questions: How many signatures are required to respond…...
