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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…...
I adopted my dog many years ago, and he is much more than just a pet—he is part of my family. However, to my surprise, the board of directors of my co-ownership decided at their last meeting that he would now be considered a "harmful animal". This decision was imposed on me without prior notice or the chance to defend myself. The board is now requiring me to give him up. Question: What are my rights…...
I live in a small co-ownership of three stacked apartments, located in the Plateau district of Montreal. Based on my understanding, the quorum required for a co-owners’ assembly corresponds to the majority of votes from members who are present or represented. However, our declaration of co-ownership imposes a stricter threshold, requiring the presence of all co-owners. Question: Is such a provision legally valid? Is it possible to impose a quorum requiring the unanimous participation of co-owners…...
Our directors would like to be paid, arguing that their duties require significant time and energy. However, our current budget does not allow for such an expense. During the last meeting, one director stated that it was unreasonable to take on these responsibilities voluntarily and claimed that the syndicate has a legal obligation to pay its directors. Questions: Is it true that the law requires co-ownership syndicates to pay their directors? What would you recommend in this…...
For the respect and tranquility of all the occupants of our building, we wish to ban dogs. Question: Are we entitled to do so? Answer: There is no legislation in Quebec that formally prevents a syndicate of co-owners from including in the declaration of co-ownership a clause prohibiting the possession of a dog in the building. It is one thing to prohibit such an animal inside the private portion of a co-ownership. But it…...
In our co-ownership, consisting of 6 apartments, a significant issue has arisen: it is nearly impossible to appoint, among the co-owners, the three administrators required by our declaration of co-ownership. This lack of involvement heavily impacts the day-to-day management of the building and creates tensions among the co-owners. Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible, in such a case,…...
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…...
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....
When our board of directors communicates by email with co-owners, the addresses remain hidden, preventing any exchange between us. This seems contradictory, since our declaration of co-ownership requires us to provide our contact information, and the syndicate’s register contains these addresses. The right to privacy is invoked to justify this practice. Questions: Am I entitled to require the board of directors to provide me with the co-owners’ email addresses? Is there a legal way to…...
At our most recent co-owners’ meeting, the president of the board of directors proposed selling a portion of the land located in the backyard of our building. He explained that the proceeds from the sale could be used to replenish the reserve fund, which, according to him, is currently insufficient to cover the anticipated future costs of major repairs and replacements of the common portions. Questions: Could you confirm whether such a sale is legally…...
