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The syndicate of co-owners is composed of all co-owners. Its powers are established in the collective interest of the co-owners, while respecting the individual rights guaranteed by the declaration of co-ownership and the Charter of Human Rights and Freedoms, particularly regarding the inviolability of the home. It acts as a legal entity, ensuring the proper management and preservation of the property for the benefit of all. Its powers focus on three main areas: preservation of the…...
The Civil Code of Québec confers juridical personality on the community of co-owners. Article 1039 of the Civil Code of Quebec provides that as soon as the declaration of co-ownership is published, the community of co-owners constitutes a legal person called a syndicate of co-owners. Those duties and obligations are mainly aimed to ensure the preservation of the immovable, the administration of the common portions and the protection of the rights affecting the immovable or…...
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…...
The first step in preparing a meeting of co-owners is to establish a complete agenda. This document summarizes all the questions that will have to be voted on during this general meeting. It thus lists the resolutions that will be debated and voted. Although there is no formalism surrounding its fine drafting, the agenda must be sufficiently precise. He must thus mention all the questions and points that will be submitted at the meeting. Sent…...
With respect to the Annual General Meeting, the article 1087 of the Civil Code of Québec provides that certain documents must be attached to the notice of meeting.These documents are to be sent to co-owners so that they can ascertain the exact nature of the questions and issues to be discussed. Some of these documents, described in the agenda, are a prerequisite to the validity of the decision (such as, a draft amendment to the…...
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…...
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…...
When board members meet for a meeting, the agenda is essential so that they can deliberate effectively. It guides discussions and maintains attention on relevant topics. Board members should familiarize themselves with the issues and relevant documentation prior to the meeting. The agenda, usually prepared by the president of the board of directors and attached to the notice of meeting, lists the questions and the items to be discussed, covering a variety of topics, from finances…...
In order for the board of directors to validly deliberate and make decisions, the declarations of co-ownership generally provide that a minimum number of directors must participate to the meeting. This requirement is called the quorum. Unless the board of directors is composed of a single director, the quorum at a meeting of the board of directors is generally set by the By-laws of the immovable by a majority of the current directors. Recall that the quorum…...
The board of directors occupies an important function in co-ownership governance. It holds meetings as often as the interest of the collectivity of co-owners require and addresses any matter that concerns the syndicate’s good management. These meetings are moderated by a president who ensures their efficient conduct. Directors can debate and reflect upon the orientations to give to their co-ownership. The more carefully and methodically the meetings are prepared, the more motivated and interested the…...
