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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…...
The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by law and exercised by its two decision-making bodies, it thus expresses the autonomy of the community of co-owners. As a result, the co-owners are third parties to…...
During a meeting of co-owners, important decisions are made for each member of the co-ownership. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it is up to the co-owners to decide. However, if a co-owner is absent and has not taken care to be represented at the meeting, his vote may be sorely lacking. This may also prevent the obtaining of a quorum and consequently…...
Co-owners must be called at least once a year to a meeting known as an annual meeting. This assembly, like all other types of assembly, must bring together all the co-owners. With the notice calling the meeting, the board of directors notifies all the co-owners of the list of points to be studied and decisions to be voted on at the meeting of co-owners. This document is the agenda of the assembly. The summons has to…...
The Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership.The major decisions that can potentially concern each member of the co-ownership are in principle taken in assembly. Whether for the work of alteration or improvement of the common portions, the election of the members of the board of directors or the meeting officers, it is up to the co-owners to decide. To ensure the proper functioning of the co-ownership, this body must act…...
Decisions taken by the directors must be recorded and recorded in minutes. This document is essential for a co-ownership, as it ensures that the deliberations of the board of directors, as well as the results of each vote, are kept in writing so that any co-owner and administrator can refer to it over time. It also shows that the meeting of the Board of Directors was conducted in accordance with the rules. As such, it…...
The minutes of the meeting are a document of paramount importance to ensure the execution of the decisions of the meeting. Therefore, the decisions taken by co-owners in a general meeting must be recorded and entered in the minutes. This document is essential for a co-ownership because it ensures the written preservation of the deliberations or consultation of the meeting of co-owners, as well as the result of each vote so that any co-owner and…...
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…...
A question often arises whether a co-owner can modify the agenda received with his notice of call to the Annual Meeting, either before or during the General Meeting? The Meeting of co-owners is governed by strict legal rules that you should know about. In principle the General Meeting deliberates only on the questions inscribed on the agenda before holding the General Meeting. Otherwise, any decision taken upon a question illegally placed on the agenda is null and…...
