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We have just bought a new apartment in a co-ownership of more than one hundred apartments. There are still several unsold units in the building. I am one of the newly elected directors at the special meeting for the election of the new board. We have asked the developer to pay his common expenses like the other co-owners. The latter claims that he does not have to do this both for apartments and for unsold…...
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…...
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…...
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…...
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…...
Nos administrateurs souhaitent percevoir une rémunération car ils considèrent que cette fonction leur prend beaucoup de leur temps et de leur énergie. Nous n'avons pas assez de budget pour cela. Un des administrateurs a dit lors de la dernière assemblée que ça n'avait pas de sens de faire ça bénévolement et que le syndicat avait l'obligation de rémunérer les administrateurs. Question: Est-ce que c'est vrai que la Loi nous oblige à rémunérer les administrateurs?...
At the last annual meetings, directors held more than 50% of the votes (proxies plus their own votes). He has enough votes to be re-elected year after year. We feel helpless because we don't really have the power to turn the tide when voting. Question: Is it possible in the future to limit the number of proxies that a director can hold at meetings of co-owners? ...
Our co-ownership consists of a small building. We only have 3 units. We don't really need to meet this year, because nothing interesting is to report and anyway we talk regularly in front of the building. Everything is going well. My neighbour tells me that it would be preferable to respect a certain formalism by meeting as part of a co-owner's meeting. As for me, I find this exercise totally useless. Question: Is it possible…...
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 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.…...
