40 Articles
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…...
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…...