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Questions & Answers

40 Articles

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The Board declares my dog “harmful”

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…...

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Quorum Económico, SL
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The absolute quorum of the General Meeting of the co-owners: is it possible?

Question: Can we provide, in a declaration of co-ownership, that the quorum for a General Meeting of the co-owners requires all owners to be present or represented?...

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Presumed mandate of undivided asssembly (Initial co-ownership)

Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal co-ownership? And if so, what would be the impact on representativeness at the general meeting of the horizontal co-ownership (AGM)?  For example, could a few co-owners of a vertical co-ownership act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical co-ownership AGM?...

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No one wants to be a director.

Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible to outsource this mandate, that is to say to a consulting firm?...

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Email addresses of the co-owners

When our Board of directors communicates by email, with all the co-owners, this is done so that we do not see the email addresses of the co-owners. As a result, no one can see the response of others, so we cannot discuss the subject of communication. I find this quite contradictory, since according to our declaration of co-ownership we have to provide our contact information and our email address to the board of directors. In…...

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Do directors have to sign a confidentiality agreement?

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…...

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Can the proxy holder transfer their voting right?

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....

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Can common portions be sold?

Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if that is possible? If this is the case, I would like to know who has the authority to make this decision....

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Assembly disruptor

Question: One of the co-owners disturbs the  co-owners' meetings  with his endless questions and his incessant insults towards the members of the board of directors. He is always in dispute over everything, either on principle or just to be in contradiction. What can be done?...

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A dictator- director

Question: We are five co-owners in the immovable. Our director behaves like a dictator. Is there a way to remedy this situation?...

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