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How to deal with abstentions in co-ownership

Question: Can a meeting of co-owners take a regular decision despite the abstention of many co-owners present? How should these absentees be dealt with (a vote for or against)?  And what about accounting for abstentions when board members vote? Answer: Abstaining is a matter of concern in any democracy. Co-ownership is no exception to this reality. This question concerns both directors and co-owners: what about the scope of an abstention during a vote? However, the consequences are different, depending on whether…...

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Virtual meeting: Compliance with the Act

The Board of Directors has opted for an online annual meeting of co-owners. However, the platform used restricts interactions between participants by not allowing camera activation, chat, or any other form of communication between them. Only the President of the Assembly has access to the questions asked and grants the floor. I raised this issue with the administrators, arguing that this method may not comply with article 1088.1 of the Civil Code of Québec, which…...

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Is there a deadline for holding a meeting of co-owners?

Our declaration of co-ownership indicates that the annual meeting of co-owners must be held in the last week of June. However, we have a high rate of absenteeism because of Saint-Jean Baptiste Day and Canada Day. It is difficult for us to obtain a quorum and by necessity to hold the meeting. Question : Can we derogate from this rule or are we legally required to respect this date that does not accommodate anyone in…...

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Family conflicts upon the death of a co-owner

We have just learned that one of our co-owners has died. The latter's children are in conflict over who should inherit the apartment. We have even received letters from lawyers claiming the right to vote at the next meeting of co-owners. Questions: How should we deal with this family feud? Should we wait for this conflict to be resolved before forwarding the notice of meeting and the minutes to the appropriate authorities?...

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Quelles sont les conditions pour soumettre sa candidature comme administrateur?

Questions: J'aimerais savoir s'il y a un délai maximum pour se présenter comme administrateur. Plus précisément, un copropriétaire peut-il se présenter juste le soir même de l'assemblée annuelle ? Et, dans le même ordre d'idée, les membres du conseil d’administration peuvent-ils rédiger un règlement à être voté interdisant la mise en candidature le soir même de l'assemblée des copropriétaires? ...

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Do directors have to sign a confidentiality agreement?

I have just been elected to the board of directors of my condominium. I realize that, as part of my duties, I receive information and documents on co-owners that are extremely confidential. This is the case, in particular, for the health problems of a co-owner. The latter cannot evacuate the building by its own means in the event of a fire and requires the assistance of firefighters in such circumstances. I also have access to…...

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Comment réduire ou augmenter le nombre d’administrateurs?

En raison de conflits opposant certains copropriétaires aux membres du conseil d'administration, nous avons de la difficulté comme tant d'autres syndicats à recruter des administrateurs lors des assemblées annuelles. Notre copropriété comporte 50 appartements et 5 administrateurs sont prévus dans notre déclaration de copropriété. Question : Serait-il possible de réduire ce nombre à 3 administrateurs et de quelle façon ? ...

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How to oblige the board of directors to hold the meeting of co-owners in person?

Due to covid, the board of directors of our building has held the meeting of co-owners on a ZOOM platform for the past two years. Despite this trouble shooting option, the result was unsatisfactory overall. Today, the co-owners are preparing a petition for the board of directors to return for the next annual meeting scheduled for the end of two months, in the usual format, a face-to-face meeting. Questions: How many signatures are required to respond…...

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Amendment to the minutes of a meeting of co-owners

A co-owner (formerly president) wants to modify the minutes of the meeting of co-owners that took place two years in the screen. At our last meeting of co-owners, this minutes were adopted last year by all the co-owners present and represented at the time. Currently, three out of six co-owners are new, so were not present at this last meeting of co-owners. In the circumstances, I find it difficult to see how a vote can…...

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Procuration : le mandataire peut-il céder ses droits de vote?

En préparation d'une assemblée extraordinaire, certains copropriétaires ont signé une procuration afin de se faire représenter par un autre copropriétaire. À la suite d’une urgence, le mandataire désigné ne pourra pas participer. Celui-ci a signé une procuration à un membre du conseil d’administration. Question : Est-ce donc dire que les procurations qu'il détient seront toutes transférées au mandataire que lui a choisi?...

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