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Co-owners must make decisions that are essential for the life of their co-ownership, which cannot be adopted by the board of directors without their consent. To this end, the meeting of co-owners brings together the co-owners or their representatives, at least once a year. In this context, the taking of these decisions is subject to a strict framework. Meetings of co-owners make decisions by taking a vote. Any proposal submitted for adoption must be…...
The right to vote is recognized as an essential element of any modern society, and as such, co-owners cannot be deprived of it except as provided in the law. In addition, each co-owner has, in principle, at the meeting a number of votes proportional to the relative value of his fraction. However, in certain circumstances, it is provided that the co-owner may have his right to vote suspended or reduced, by the sole effect of…...
The first sentence of article 1090 of the Quebec civil Code states that "Each co-owner is entitled to a number of votes at a general meeting proportionate to the relative value of his fraction." The number of votes is related to the share of property rights each co-owner holds in the building. Therefore, the co-owner of a private portion whose relative value is higher will have more voting rights. In return, he or she will have to contribute to a larger portion…...
The powers of the syndicate are designed according to the collective interest of the co-owners and find their limits in respect of the individual rights of the co-owners guaranteed by the declaration of co-ownership and by the Charter of Human Rights and Freedoms (e.g.: the inviolability of the home). These powers of the syndicate are based on four principles: the preservation of the immovable, the administration of the common portions, the protection of the collective…...
The relevant information of co-ownerships must be declared with the “Registraire des entreprises du Québec” (the Québec Enterprises Registrar). This declaration is intended to render accessible essential information, either to the public or enterprises that deal with the syndicate of co-owners. Furthermore, at the start-up of a syndicate, the Board of Directors must file – usually by the interim director – a declaration of registration in virtue of the Act respecting the legal publicity of enterprises. This must be done no later than 60 days…...
The tax status of a syndicate of co-ownership As with any legal person, a syndicate of co-owners has tax obligations to respect under penalty of consequences that could have a significant impact on the financial situation of the co-ownership and the co-owners. Although governed by specific rules set out in article 1039 of the Civil Code of Quebec, a co-ownership syndicate is considered by the tax authorities of Quebec and Canada respectively as: An enterprise under…...
An attendance sheet must be kept for each co-owner's meeting. However, the Civil Code of Québec does not specify any specific rules, such as the person responsible for its establishment, or the time when this formality must be completed. The declaration of co-ownership generally stipulates that it must be prepared by the directors or the secretary of the syndicate before the meeting is held. This attendance sheet is the physical proof of the presence…...
One of the essential moments of co-ownership is undoubtedly that of the meeting of co-owners. It is during this meeting that major decisions of the co-ownership are voted, such as the carrying out of certain works, the sale of a common portion and the modification of the declaration of co-ownership. Co-owners will also be able to debate and reflect on the directions to be given to their co-ownership. In addition, the assembly provides a unique…...
In the same way as any other natural or legal person, a syndicate of co-owners is likely to incur civil liability towards third parties, including co-owners. Responsibility is the counterpart of power: where authority lies, there is responsibility. A syndicate must therefore act with prudence and diligence, taking the necessary measures to prevent accidents normally foreseeable, ensuring that the common areas are safe and free of traps. Moreover, if his liability is engaged, this translates into the financial contribution of the…...
In order for a Meeting of co-owners to deliberate and adopt decisions, the Law provides that the co-owners (present or represented), eligible to vote, must hold the majority of votes. This requirement is called a quorum.It is also necessary that the quorum be maintained for the duration of the meeting. In the event that it cannot be reached or maintained, the Law provides for holding a second Meeting of co-owners (Make-up Meeting) during which the…...
