Decision taken by the General Meeting of the co-owners following a proposal submitted to a vote. To be voted upon, a resolution must, in principle, be on the agenda in the form of a question. However the Law provides that if all co-owners convened to the meeting are present and they all consent to the addition of a question to the agenda, then it may be added and a vote then becomes possible.
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.
A General Meeting of the co-owners cannot take place without an agenda. To deliberate in accordance with the Law, co-owners should be able to become aware, before the General Meeting, of the questions on the agenda. This the reason why it should be annexed to the notice of call, usually prepared by the Board of Directors (Board). It contains all the questions to be tabled for deliberation during the General Meeting. This document must be clear and unambiguous to avoid legal challenges. An overview of the various specificities of the agenda.
With respect to the Annual General Meeting, the article 1087 of the Civil Code of Québec provides that certain documents must be attached to the notice of meeting.These documents are to be sent to co-owners so that they can ascertain the exact nature of the questions and issues to be discussed.
Some of these documents, described in the agenda, are a prerequisite to the validity of the decision (such as, a draft amendment to the declaration of co-ownership ). Other documents are, on the other hand, necessary for the information of the co-owners (such as, the budget forecast and the report of the Board of Directors)
Decisions taken by co-owners in a general meeting must be recorded and entered in the minutes. This document is essential for a co-ownership because it ensures the written preservation of the deliberations or consultation of the general meeting, as well as the result of each vote so that any co-owner and director can refer to it in due course. It also allows to ascertain that the general meeting was conducted in accordance with the rules. Given its importance, this document must respect a certain formalism.
The resolutions of the General Meeting of the co-owners are adopted or rejected, as the case may be, if a majority is reached or not. Depending on the repercussions such resolutions may have on the co-ownership, the majority required will be more or less difficult to achieve. The General Meeting of the co-owners adjudicates at two different majority levels: absolute majority and double majorities (enhanced majorities).
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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