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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 first step in preparing a meeting of co-owners is to establish a complete agenda. This document summarizes all the questions that will have to be voted on during this general meeting. It thus lists the resolutions that will be debated and voted. Although there is no formalism surrounding its fine drafting, the agenda must be sufficiently precise. He must thus mention all the questions and points that will be submitted at the meeting. Sent…...
.The declaration of co-ownership is a contractual document drawn up by the person who subjects an immovable to the regime of divided co-ownership. Its publication in the Quebec Land Register is a necessity for the existence of a syndicate of co-owners. It includes all the rules ensuring the efficient organization of a co-ownership. Their knowledge by the members of the board of directors and by each of the co-owners is essential to the proper functioning…...
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…...
When board members meet for a meeting, the agenda is essential so that they can deliberate effectively. It guides discussions and maintains attention on relevant topics. Board members should familiarize themselves with the issues and relevant documentation prior to the meeting. The agenda, usually prepared by the president of the board of directors and attached to the notice of meeting, lists the questions and the items to be discussed, covering a variety of topics, from finances…...
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 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…...
A virtual or hybrid meeting cannot be improvised. Its organization requires rigorous planning, both legally and technologically. It is essential to ensure that all legal aspects are respected, particularly regarding the notice of meeting. This notice must meet specific requirements in terms of form, content, and timing, in accordance with the provisions of the declaration of co-ownership and the provisions of the Civil Code of Quebec. If these rules are not respected, any decisions adopted…...
Since the COVID-19 pandemic, the nature of co-owners' meetings has changed profoundly. What was once an exceptional arrangement has now become standard practice: virtual meetings, also called remote meetings. To address this new reality, the Quebec legislator amended the Civil Code of Quebec to recognize, regulate, and make permanent the holding of co-owners' meetings using technological means....
