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 law requires a different majority. Understanding these rules is essential for effective co-ownership management.
Object
This type of majority concerns the day-to-day decisions of the co-ownership that do not fall within the competence of the board of directors. It applies whenever the law has not required another majority, and is required in particular for decisions concerning:
Calculation mode
An absolute majority decision, to be distinguished from simple majority, is a decision supported by the majority vote of the co-owners present or represented on the day of the Meeting of co-owners. This majority is obtained only if the total number of "in favor" votes on a resolution is higher than the total number of votes "against" and votes that abstained or did not participate in the ballot. For this reason, you must be aware that blank votes, invalid votes and abstentions produce the same effect as votes "against".
Example
In a ballot where 80 % of the co-owners votes are present or represented, and 38% of the votes are «in favor ", 22% of the votes «against", and 20% of the remaining votes abstain, the resolution will be defeated, as only 38% of votes are in favor, when 40% + 1 was required .
Before a vote is taken, it is strongly recommended to verify the percentage of the votes of the owners present or represented, to determine the number of votes required for a decision. Staying on top of the co-owners arrivals and departures during the Meeting of co-owners is another important element, to avoid the occurrence of an error in the tally . Even more so if a ballot is expected to be tight.
The election and replacement of directors: a particular case
Under Article 1084 of the Civil Code of Québec, the method of appointment and replacement of directors is set in the by- laws of the immovable. This provision gives the necessary latitude to choose a procedure better adapted to each co-ownership’s situation. The owners could therefore choose a mode of appointment of their directors, which does not require the election of each director be subjected to an absolute majority vote. For example, if three director positions are to be filled and there are five candidates, the By-law of the immovable could determine that the three candidates obtaining the highest number of votes are elected. In such a case the directors would be elected by a simple majority.
However, the declarations of co-ownership generally provide, that the directors are appointed by the means of an election, without giving any details as to how the election is to be held. In this context, when the number of candidates exceeds the number of postings to be filled, the voting process is evidently more complex than voting a resolution. The task at hand is not to grant the title of director to those who have obtained the highest number of votes. The election of a director is conditional upon obtaining an absolute majority. Failing to attain that threshold, it may take more than one ballot to elect directors.
WHAT YOU SHOULD KNOW! If the co-owners are unable to act by a majority or in proportion to the fact that they are prevented or systematically opposed by some of them, the court may, on the application of a co-owner, make any order it considers appropriate in the circumstances.
WHAT TO KEEP IN MIND: The absolute majority in co-ownership applies to day-to-day decisions that are not the responsibility of the board of directors. It is calculated based on the "yes" votes for a resolution, which must be greater than the total of "no" votes, abstentions, and blank or null votes.
WARNING ! This type of majority should not be confused with a simple majority.
Return to the super-factsheet ''Majorities required in Meeting ''
