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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…...
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…...
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…...
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?…...
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…...
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…...
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,…...
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…...
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…...
