Action by which the general meeting of the co-owners or the board of directors adjudicate on a proposed resolution.
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:
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).
The right to vote is a founding principle of democracy. Citizens of a democracy can express their will in a ballot. In principle, this right is equal amongst all voters. Practically speaking, it is equivalent to the «one person, one vote" rule, which means that every vote has the same weight. However, co-ownership derogates from this principle, namely in that the number of votes held by the co- owners is in direct correlation with their rights of ownership in the immovable. An overview of the various aspects of voting in General Meetings of co-owners.