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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…...
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…...
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…...
We are 12 co-owners in the building. However, our directors act like dictators. They make unilateral decisions without consulting the co-owners. They make major decisions, incur significant expenses, and modify certain common portions without our approval. During assemblies, they avoid questions, refuse to justify their choices, and impose their vision without discussion. This lack of transparency and accountability creates a climate of tension and concern. Question: Do we have any recourse to regulate their decisions? How…...
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…...
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…...
I was absent from the last co-owners' meeting. I must admit that I have little confidence in the administrators' management and therefore see no point in attending. As usual, they passed resolutions that I find unreasonable, notably by approving costly renovations for the building’s entrance hall. Additionally, they amended the declaration of co-ownership to impose new rules. These changes were made without proper consultation, which raises concerns about their legitimacy and impact on all co-owners. Questions: Given…...
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?…...
One of the co-owners systematically disrupts the smooth running of meetings by monopolizing the floor with endless and repetitive interventions, often off-topic, preventing other participants from speaking and significantly slowing down discussions. His aggressive attitude, punctuated by insults directed at members of the board of directors, creates an atmosphere of tension and intimidation that undermines the serenity of exchanges. Question: What measures can be implemented to restore order and ensure the smooth running of meetings?...
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:…...
