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Monday 21 April 2014
  • French (Fr)
12996 Membres
Administrative Board PDF Print E-mail

As part of its mission, the Administrative Board should meet more or less on a regular basis. The frequency of the meetings may depend on the size of the condominium, the quality in the management the directors wish to bring to the condominium, or on the rules set forth in the Building By-laws.

WARNING! The Directors have been personally elected by the co-owners to be representatives of the condominium. Consequently, they cannot be represented by proxy at board meetings.

It is once again in the declaration of co-ownership that you will find everything you need to know about the meetings of the board: frequency, location, procedures for convening and voting, etc. If not, you may turn to the Civil Code of Québec (CCQ) which will provide you with auxiliary provisions that apply.

Section 344 of the C.C.Q. recognizes the validity of meetings held by means that allow all participants to communicate amongst themselves.

Concerning the majority, Section 336 of the C.C.Q. sets forth that "the decisions of the board of directors are taken by the vote of a majority of the directors," without mentioning any requirement for a special majority, unlike the mandatory provisions regarding the general meetings of co-owners.

Regarding how the votes are to be taken during the board meetings, the declaration of co-ownership may foresee everything, such as specific provisions in cases of tied votes.

Decisions made by the directors must be transcribed in writing in a document that the syndicate must keep at the disposal of the co-owners who would like to consult it : this document being the minutes of the board meeting.

Contents

The minutes should contain the decisions that hold an impact on the economic and social life of the condominium. They do not need to include the decisions regarding the daily management of the condominium.

Form

The minutes must contain specific information:

    • Date and time;
    • Location;
    • Names of Directors present;
    • Names of Directors absent;
    • Nature of each decision accompanied by a brief justification, and
    • Dissents noted.

The law imposes no obligation to sign the minutes. However, a practice has arisen throughout the years whereby either the person who drafted the minutes, or even all of the directors present at the meeting, sign the minutes.

State of mind

The purpose of the minutes is to report the conclusions of the deliberations, that is to say the decisions, and not the deliberations themselves. Accuracy, clarity and brevity of the minutes are the guiding principles, for this is an important document that will often serve as proof in the course of a lawsuit involving the co-owners or the syndicate.

 

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