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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…...
The declaration of co-ownership is a contract that binds all co-owners. It is generally published by the developer after the construction of the building. As for existing buildings to be converted into divided co-ownership, the owner or owners will have it published once the conversion process is completed. That said, this document, often yellowed with time, is sometimes obsolete in its drafting and unsuited to contemporary times. Especially if some of its clauses are contrary 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…...
In co-ownership law, unanimity is a rule that requires the agreement of all co-owners, not just those present or represented at the meeting of co-owners. To adopt a unanimous decision, it requires the favourable opinion of all the co-owners, no votes against, and no abstentions. Unanimity is the highest level of consensus and, therefore, the most difficult to achieve. This unanimity requirement only applies to certain co-ownerships. In addition, it is important to note that…...
The Civil Code of Quebec, in articles 1098 and 1108, establishes a "double majority" for certain significant decisions of the co-ownership assembly, requiring a consensus in both the number of co-owners and voting rights. Article 1098 of the Civil Code of Quebec deals with major decisions such as changing of use of the immovable, while article 1108 of the Civil Code of Quebec allows for the termination of co-ownership. These provisions ensure thoughtful decision-making, protect the individual rights…...
The Civil Code of Quebec requires an enhanced majority for certain decisions that have a greater impact on the community of co-owners or on their individual rights. These decisions can significantly influence the daily lives of co-owners and the value of their properties. In addition, this enhanced majority is intended to temper the influence of certain co-owners who, because of the large number of voting rights they hold over their fraction, could otherwise dominate the decisions taken…...
In co-ownership management, co-owners are tasked with making decisions on various aspects of their building that go beyond the powers granted to the board of directors. Typically, decisions within the syndicate's remit are made by a majority of the votes of co-owners present or represented at the meeting at the time of voting (more than 50%). This majority, legally referred to as an absolute majority, is required for routine decisions made by the assembly, unless the…...
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…...
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…...
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…...
