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Our co-ownership consists of a small building with only three units. We don’t really feel the need to meet this year since there is nothing noteworthy to discuss, and we often talk informally in front of the building. Everything seems to be going smoothly. My neighbor, however, suggests that we should respect certain formalities by organizing an official co-owners' meeting. Personally, I find this exercise entirely unnecessary. Question: Is it possible not to hold a meeting…...
I have to preside over the meeting of co-owners of the initial syndicate of a phased co-ownership, often mistakenly referred to as a horizontal co-ownership. This co-ownership consists of three buildings, each governed by its own declaration of co-ownership. I am wondering about the status of the co-owners of these three co-ownerships in the context of the meeting of co-owners of the initial syndicate. Questions: Are they considered as undivided co-owners within the horizontal co-ownership? Can they vote on…...
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.…...
As a co-ownership property manager in Quebec, I was recently contacted by a co-owner concerned about the management of the building. She wanted to convene a meeting to discuss certain issues but was unsure whether she could do so on her own. Faced with this request, I questioned the rights of a co-owner regarding the convening of a meeting of co-owners. Questions: What are the relevant provisions of the Civil Code of Quebec concerning this situation? What…...
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…...
Question: Some of the co-owners in our syndicate want to put a resolution to a vote at our next annual meeting. What are the steps to follow? Do we have to send the text of our draft resolution to the board of directors in advance, or can we do that during the meeting? Is there a special legal procedure to follow? At the time of the meeting, if certain corrections need to be made to…...
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…...
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…...
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…...
We purchased an apartment in a new condominium with over 100 units. While some units are occupied, many units, garages, and storage spaces remain unsold. During the special transitional meeting, I was elected as a director. Faced with our responsibilities, we demanded that the developer pay the common expenses related to the unsold units, just like other co-owners. However, the developer claims they are not obligated to do so and argues that these charges should be…...
