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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…...
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…...
Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not…...
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…...
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…...
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…...
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 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…...
I was absent during the last meeting of co-owners. The directors are "all-rounders" and I don't see why I should listen to what they have to say. Moreover, as usual, they voted on completely absurd matters, such as sumptuous rehabilitation works for the entrance hall of the building. Question: Am I still obliged to submit to the decisions made there?...
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…...
