What are the agenda items that require a vote by the co-owners?

The agenda lists the questions to be voted on and the information and consultation items that will be addressed at the meeting of co-owners. The decision-making power of the meeting of co-owners is defined by the Civil Code of Québec and the declaration of co-ownership (Constitutive Act of Co-ownership). The chairman of the meeting of co-owners ensures that it runs smoothly and submits to the co-owners the proposals on which a vote must be taken. It must thus determine with respect to each item on the agenda who has the authority to decide. Its powers are set out in the building regulations.

The agenda for an annual meeting of co-owners ususally includes the following:

1. Verification of quorum and opening of meeting;
2. Election of Meeting Officers;
3. Reading of the agenda;
4. Report of the Board of Directors;
5. Presentation of financial statements;
6. Presentation of the Forecast annual budget for consultation;
7. Approval (if applicable) of improvements, alterations or expansions of common portions;
8. Approval (if applicable) of any proposed amendments to the declaration of co-ownership;
9. Approval (if applicable) of any deed of acquisition or disposition of real estate by the syndicate;
10. Election of the members of the Board of Directors;
11. Miscellaneous business (Varia);
12. Adjournment of the meeting.

In the circumstances, it is up to the presiding officer to determine which items should be voted on. For the purposes of this exercise, we will review each of them, in the same order, and provide relevant comments.

1. Verification of quorum and opening of meeting;

• In order for a meeting of co-owners to deliberate and adopt decisions, the law provides that the co-owners (present or represented), who are able to vote, must hold a majority of the votes. This is done by the presiding officer and does not require a vote.

2. Election of Officers of the Assembly;

• The officers are generally elected at the beginning of the meeting, by a separate vote taken by an absolute majority of the votes of the co-owners present or represented (50% plus one).

3. Reading of the agenda;

• In principle, the meeting of co-owners may not deliberate on matters other than those on the agenda. However, a co-owner may request a change in the order of the subjects and the meeting must vote on the change(s). However, no subject requiring a vote can be added unless all co-owners are present and consent.

4. Report of the Board of Directors;

• This item does not require a vote of approval or disapproval by the meeting of co-owners.

5. Presentation of financial statements;

• In principle, it is the board of directors that must have approved the financial statements before submitting them to the meeting of co-owners. An administrator must sign them to prove it. At the meeting of co-owners, a person appointed by the Board of Directors presents the results of the last fiscal year and explains the variation in the results compared to the previous fiscal year. The co-owners do not have to vote on this point.

6. Presentation of the forecast annual budget for consultation;

• The meeting of co-owners has no decision-making power regarding the Forecast annual budget. It is up to the board of directors to determine, after consulting the meeting of co-owners, the contribution of the latter to the common expenses.

7. Approval (if applicable) of improvements, alterations or expansions of common portions;

• Such work must be formally authorized by the meeting of co-owners, by the enhanced majority of article 1097 of the Civil Code of Quebec.

8. Approbation (le cas échéant) de toute modification à la déclaration de copropriété;

• Such an amendment is made to the declaration of co-ownership following a vote at a meeting of co-owners. To modify the description of fractions or the Constitutive Deed of co-ownership, without changing the use of the building, the vote must be taken by an enhanced majority To amend the building's by-laws, the vote must be taken by an absolute majority (50% plus one of the votes of the co-owners present or represented at the meeting).

9. Approval (if applicable) of any deed of acquisition (e.g., purchase of a parking space belonging to a co-owner) or alienation of real estate by the syndicate;

• This matter falls within the competence of the meeting of co-owners. In this regard, article 1097 of the Civil Code of Quebec requires the attainment of an enhanced majority.

10. Election of the members of the Board of Directors;

• The directors are generally elected at the end of the meeting, in a separate vote taken by an absolute majority of the votes of the co-owners present or represented (50% plus one).

11. Miscellaneous business (Varia);

• This agenda item is one that allows co-owners to have topics not initially scheduled on the agenda included at the meeting. Miscellaneous business may be debated, but not voted on, unless all the co-owners are present at the meeting and consent. They are submitted at the time of the presentation of the agenda, but they are not discussed until the end of the meeting.

12. Adjournment of the meeting.

• The adjournment of the meeting is not a matter of a decision-making nature that falls within the jurisdiction of the meeting of co-owners. It is the presiding officer who, after ascertaining that the items on the agenda have all been dealt with or that there is no longer a quorum, makes the decision to adjourn the meeting.

WHAT YOU SHOULD KNOW ! In order to properly prepare for a meeting, you can download a free template of a notice of meeting and agenda by clicking on this hyperlink.

THANKS : This text was written with the collaboration of Yves Joli-Coeur, a lawyer in co-ownership law and a partner at the law firm Dunton Rainville.

ATTENTION !​ The information in this column is of a general nature and does not constitute legal advice or advice or reflect the state of the law in an exhaustive manner. The facts may vary from situation to situation. Consultation with a lawyer regarding your particular case may be recommended in certain circumstances.

Hélène Joli-Coeur, parajuriste

Dunton Rainville

3055 Boulevard Saint-Martin O Bureau 610, Laval, QC H7T 0J3

Tél. : (450) 686-8683

Courriel : [email protected]

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