40 Articles
I have some questions about how my voting rights work at co-owners' meetings. Indeed, I am not the sole owner of my unit: my spouse and I co-own it in undivided ownership, each holding an equal 50% share. However, I am somewhat confused about how voting rights are exercised in this context. Questions: If I attend a meeting alone and my spouse is absent, will I be able to validly vote on behalf of our unit?…...
During our last co-ownership owners’ assembly, discussions were particularly heated, making it difficult to follow the exchanges at times. To facilitate the drafting of the minutes, we recorded the session with the owners' consent. However, this morning, one of them requested a copy of the recording, claiming they had a right to it. As an administrator, this request concerns me, as it could set a precedent and raise confidentiality issues. Questions: Is the syndicate required to…...
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…...
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…...
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…...
In our co-ownership, we are witnessing a clear lack of interest from co-owners, which is reflected in an extremely low attendance at the meetings of the co-owners. This disengagement has persisted for several years, to the point where it is becoming increasingly difficult to reach the required quorum for valid meetings. This situation compromises the proper functioning of the co-ownership, as even when decisions manage to be adopted, they are rarely implemented or respected. Question:…...
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…...
I am a new owner in a small co-ownership. The directors are volunteers. I am wondering about the most effective way to raise awareness among co-owners and directors about the importance of complying with our declaration of co-ownership and recent legislative changes. My goal is to address this delicate issue without provoking hostile reactions or conflicts. It is important to know that the accumulated funds in the contingency fund are insufficient. Only 5% of the…...
We are a small co-ownership and have neither the means nor the time to hold elections to appoint directors. Moreover, we have been operating very well this way for years. And before moving into this apartment, I lived in a much larger co-ownership by phases and asked myself the same question when the syndicate entrusted the management of the immovables to a professional manager: was there still a need to keep a board of directors?…...
I've discovered an error in our declaration of co-ownership. Specifically, the lot number of one of the parking spaces is omitted in the description of the fractions. However, it is correctly mentioned elsewhere in the declaration of co-ownership, particularly in the table of relative values found in the constituting act of the co-ownership. As a director of our co-ownership, I am concerned about the possible consequences of this omission. Question : What is the procedure…...