The appointment of meeting officers is necessary to hold a general meeting of co-owners.The range of their titles and functions are without limitation: president, vice-president, secretary and scrutineer of the general meeting. It is the declaration of co-ownership, in the chapter By-laws of an immovable that provides the rules to be followed. However, the civil liability of a general meeting officer with regard to the tasks incumbent upon him is largely unknown. Yet many Quebeckers accept this charge, while not being aware of this reality.
The General Meeting of the co-owners is one of the two decision-making bodies of the syndicate. You should be aware that co-ownership life implies that the co-owners or their representatives meet, occasionally, to discuss and vote upon important decisions. This occurs at General Meetings of the co-owners, which is the prime democratic body in the co-ownership. Their conduct obeys certain rules of form and content. An overview of the various specific aspects of General Meetings of the co-owners.
The appointment of meeting officers is necessary for holding any co-owners meeting. The latter are usually elected at the outset of the meeting, by a separate vote taken by the majority of the votes of the owners present or represented.
The General Meeting of the co-owners takes its decisions by a vote. Without this list being exhaustive, two voting procedures are set out in article 351 of the Civil Code of Quebec: the show of hands or, upon request, the secret ballot. The choice of one or the other voting procedure is predicated upon competing objectives of simplicity or of confidentiality in the decision making process. A focus on the different terms and conditions of voting in a General Meeting:
Our last annual general meeting of the co-owners was opened and held by our directors. The trouble is that we do not know how to conduct an assembly.
Question: Is a President of the meeting required? Do non-directors have to make notes? And who draws up the minutes?
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