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The transitional meeting is a key step in the life of a divided co-ownership, marking the transfer of management power from the developer to the co-owners. It usually follows the publication of the declaration of co-ownership and the early stages of building occupancy. It takes place when enough units are sold to allow for adequate representation. This assembly ensures a smooth transfer of management responsibilities to the syndicate. It is at this time that the…...
The information meeting allows the board of directors to bring co-owners together between two annual meeting, in order to share information or seek their opinion on a specific matter.Such a meeting may address, for example, garage rehabilitation work or a lobby decoration project. No decision-making vote is held during this gathering. From a legal standpoint, it is not considered a formal meeting of the co-owners, but rather an informal gathering with no deliberative power. Nevertheless,…...
In a co-ownership, holding regular meetings is essential for proper administrative functioning. However, in practice, an increasing number of syndicates are facing a familiar challenge: the marked absenteeism of co-owners. This growing trend often prevents the required quorum from being reached, which is necessary for the meeting to proceed validly. To address this issue, the legislator has established a specific mechanism: the make-up meeting, which allows the syndicate to reconvene co-owners under a legally adapted framework with…...
In a co-ownership, matters related to administration, maintenance, or major repairs must be addressed collectively at a meeting. While the annual meeting is the preferred time to discuss ongoing matters and review management activities, certain situations require a faster decision. This is especially true when a syndicate lacks funds and must request a special contribution. The special meeting—sometimes mistakenly referred to as an "extraordinary meeting"—is specifically intended to address urgent issues that cannot be postponed until…...
The annual meeting of co-owners is one of the cornerstones of governance in divided co-ownership. It provides an opportunity for the board of directors (BoD) to be held accountable, whether regarding administration or property management. It also allows consultation with co-owners on the current year's budget forecast, the election or renewal of board members, and the discussion of strategic issues affecting the building. This meeting is a key event required by the Civil Code of…...
The syndicate acts as a legal person bringing together all the co-owners of the building and not each of them individually. The Civil Code of Quebec (C.c.Q.) provides that the syndicate of co-owners arises, by operation of law, at the time of publication of the declaration of co-ownership in the Land register. With the powers devolved to it by law and exercised by its two decision-making bodies, it thus expresses the autonomy of the community of co-owners. As a result, the co-owners are third parties to…...
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…...
The Civil Code of Quebec requires an enhanced majority for certain decisions that have a greater impact on the community of co-owners or on their individual rights. These decisions can significantly influence the daily lives of co-owners and the value of their properties. In addition, this enhanced majority is intended to temper the influence of certain co-owners who, because of the large number of voting rights they hold over their fraction, could otherwise dominate the decisions taken…...
In co-ownership law, unanimity is a rule that requires the agreement of all co-owners, not just those present or represented at the meeting of co-owners. To adopt a unanimous decision, it requires the favourable opinion of all the co-owners, no votes against, and no abstentions. Unanimity is the highest level of consensus and, therefore, the most difficult to achieve. This unanimity requirement only applies to certain co-ownerships. In addition, it is important to note that…...
Co-owners must make decisions that are essential for the life of their co-ownership, which cannot be adopted by the board of directors without their consent. To this end, the meeting of co-owners brings together the co-owners or their representatives, at least once a year. In this context, the taking of these decisions is subject to a strict framework. Meetings of co-owners make decisions by taking a vote. Any proposal submitted for adoption must be…...
