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Due to frequent conflicts between certain co-owners and the members of the board of directors, our co-ownership, like many others, is experiencing difficulties in recruiting directors during the annual meetings. The declaration of co-ownership for our building, which comprises 50 apartments, stipulates that the board of directors must be composed of 5 directors. To address these issues, we are looking to modify this structure. Question: Could you tell us if it is possible to reduce…...
The board of directors is considering voting on a regulation to limit the number of swimmers in the pool and to prohibit the presence of dogs in the grassy areas of the common portions. Question: Would it be possible to implement it immediately? It is important to note that this regulation was proposed in response to numerous complaints regarding noise and safety. Additionally, several co-owners have expressed concerns about the cleanliness and hygiene of the…...
Our co-ownership declaration states that the annual meeting of co-owners must be held during the last week of June. However, we observe a high rate of absenteeism due to the holidays associated with Saint-Jean-Baptiste Day and Canada Day. Additionally, our meeting room is not air-conditioned, and the heat prevents many elderly co-owners from attending. As a result, it is difficult for us to achieve quorum and, consequently, to hold the meeting. Question: Can we deviate from…...
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 this reality. This question concerns both directors and co-owners: what about the scope of an abstention during a vote? However, the consequences are different, depending on whether…...
Our last annual meeting of co-owners was opened and held by our directors, but there seems to be a lack of clarity on the procedures to be followed. Several co-owners were uncertain about the roles and responsibilities during the meeting, which led to some confusion. Indeed, without a clear understanding of the process, it is difficult to ensure an efficient and orderly management of the meeting. Question: Is a president of the meeting required? Are there…...
I've discovered an error in our declaration of co-ownership. Specifically, the lot number of one of the parking spaces is omitted in the description of the fractions. However, it is correctly mentioned elsewhere in the declaration of co-ownership, particularly in the table of relative values found in the constituting act of the co-ownership. As a director of our co-ownership, I am concerned about the possible consequences of this omission. Question : What is the procedure…...
I have just been elected to the board of directors of my condominium. I realize that, as part of my duties, I receive information and documents on co-owners that are extremely confidential. This is the case, in particular, for the health problems of a co-owner. The latter cannot evacuate the building by its own means in the event of a fire and requires the assistance of firefighters in such circumstances. I also have access to…...
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 the next co-owners' meeting. Questions: How should we handle this family dispute? Should we wait for this conflict to be resolved before sending the meeting…...
The Board of Directors has opted for an online annual meeting of co-owners. However, the platform used restricts interactions between participants by not allowing camera activation, chat, or any other form of communication between them. Only the President of the Assembly has access to the questions asked and grants the floor. I raised this issue with the administrators, arguing that this method may not comply with article 1088.1 of the Civil Code of Québec, which…...
Questions: I need to confirm if there's a specific deadline for submitting a candidacy as a director, particularly if a co-owner can nominate themselves during the annual assembly. Additionally, is it possible for board members to implement a rule prohibiting nominations on the evening of the co-owners' meeting? Understanding these aspects is crucial for maintaining a transparent and orderly nomination process. This knowledge will help ensure that all potential candidates have a fair chance to…...
