Powers of the Meeting of the co-owners

The Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership.The major decisions that can potentially concern each member of the co-ownership are in principle taken in assembly. Whether for the work of alteration or improvement of the common portions, the election of the members of the board of directors or the meeting officers, it is up to the co-owners to decide. To ensure the proper functioning of the co-ownership, this body must act impartially in the interest of the community of co-owners and the preservation of the immovable.

It must not adopt any decision with the intention to injure the co-owners or some of them or in contempt of their rights.

Its exclusive powers

The Meeting of co-owners has powers separate from those of the Board of Directors. It is the Civil Code of Québec and the declaration of co-ownership (Constituting Act) that dictates the powers and responsibilities conferred to it.

The powers of the Meeting of the co-owners affect several aspects relating to the proper operation of a co-ownership, such as:

• The election of Meeting Officers;
• The election of directors;
• The replacement or dismissal of a director. (Note that some co-ownership declarations allow the Board to replace a director);
• Being consulted on the budget forecast;
• Acts of acquisition ( Such as buying a co-owners parking space) or alienation of immovables (for example. selling the janitor’s apartment) by the syndicate;
• Work for the alteration, enlargement or improvement of common portions;
• The method of apportioning the cost of the work for the alteration, enlargement or improvement of common portions and the constitution of a movable hypothec to finance them;
• Construction of buildings to create new fractions;
• Amendments to the declaration of co-ownership;
• Changes to the destination of the immovable;
• The alienation of the common portions the retention of which is necessary to maintain the destination of the immovable;
• The decision to initiate a recourse relating to the exercise of a hypothecary right for the taking in payment of a fraction due to the failure of a co-owner to pay his common expenses for more than 30 days;
• The adoption or modification of the description of the private portions referred to in article 1070 of the Civil Code of Québec (reference unit).
• The decision to terminate the co-ownership.

The framework of deliberation

The Meeting of the co-owners cannot take decisions until the President of the Meeting of the co-owners is elected. For this to be possible, the latter must ensure that quorum is satisfied. The decision-making power of a Meeting of the co-owners ends when the president of the meeting formally declares the meeting closed. Be aware that no decision can be taken on issues that have not been validly included to the agenda.

Limited powers

To protect the minority co-owners interests in a Meeting of the co-owners, the Civil Code of Québec has provided many save guards. For example, some decisions cannot be taken except by the means of an enhanced majority or a double majority. In addition, the Law allows any co-owner to contest decisions taken by the Meeting of the co-owners, if it is demonstrated that they are contravening the law.

WHAT YOU SHOULD KNOW! The Meeting of the co-owners possesses the powers conferred to it by Law, more particularly under articles 1096, 1097, 1098 and 1108 of the Civil Code of Quebec. Other powers are granted to it by the declaration of co-co- ownership (Constituting act of co-ownership).

 WHAT TO KEEP IN MIND: Any Meeting of the co-owners allows for discussions and decision making by the co-owners, provided the questions tabled are under its jurisdiction.

WARNING! The Meeting of the co-owners is consulted on the budget but is not asked to approve it. It is the duty of the Board to set its parameters, after proceeding, at a Meeting of the co-owners, to a consultation with the co-owners.

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