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 of the co-owners or their agents (proxy). It thus makes it possible to calculate the quorum and to check the regularity of the votes.
Presentation and content
The attendance sheet is prepared by the board, from the official list of co-owners in the register of the co-ownership.
This document is usually in table form. It must include:
Signing the attendance sheet
Upon arrival, the owners must sign in at the appropriate space of the attendance sheet (signing of the attendance sheet). Those holding proxies to represent one or more co-owners must present them before signing the sheet. These proxies will be attached thereto.
The signing of the attendance sheet by a co-owner or its mandatory confirms its presence (unless contradicted) until the end of the meeting. However, it is recommended to provide a box to inscribe the time of late arrivals or early departures of co-owners or their representative.
Moreover, it must be ensured that from the opening to the end of the general meeting, all co-owners (or their mandatory ) present have signed the attendance sheet. This avoids potential inconsistency in the calculation of votes, even more so when co-owners are considered absent on the attendance sheet.
Certification
The president of the meeting shall certify the attendance sheet. A free space (on the last page) of the document, will allow him to sign it at the very end of the general meeting. This document will be annexed to the minutes.
Conservation and access
Once signed by the president of the meeting, the attendance sheet must be deposited in the register of the co-ownership , so that the co-owners can have access to them. Article 1070 of the Civil Code of Québec provides that the syndicate has an obligation to keep at the disposal of the co-owners a copy of the minutes and any other documents relating to the immovable and the syndicate.
The Board of Directors is the custodian of the registers containing the minutes of the general meetings of the co-owners and their annexes. It is thus compelled to issue a copy or an extract to any co-owner who requests it. The declaration of co-ownership may provide a fee for the communication of such documents.
WHAT YOU SHOULD KNOW! The attendance sheet must include the number of votes to which each owner is entitled, taking into account, if appropriate, specific rules related to the reduction of the number of votes or to the suspension of voting rights.
WHAT TO KEEP IN MIND: The signing the attendance sheet allows the president of the general meeting to proceed to the count of the number of votes of the co-owners present and of co- owners represented , and to calculate the quorum. He can thus verify the legality of the votes and decisions taken.
WARNING! The attendance sheet can be electronic, in which case the person in charge shall be duly identified. This document must also be kept so that its integrity is not compromised. The reliability of the taking attendance process must also be assured.
Back to the super factsheet ''The meeting of the co-owners''
