The General Meeting of the co-owners is one of the two decision-making bodies that governs a co-ownership. It takes important decisions to ensure its proper operation, including the election of directors.
Its exclusive powers
The General Meeting of co-owners has powers separate from those of the Board of Directors. It is the Civil Code of Québec and the declaration of co-ownership (Constituting Act) that dictates the powers and responsibilities conferred to it.
The powers of the General Meeting affect several aspects relating to the proper operation of a co-ownership, such as:
The framework of deliberation
The General Meeting cannot take decisions until the President of the General Meeting is elected. For this to be possible, the latter must ensure that quorum is satisfied. The decision-making power of a General Meeting ends when the President formally declares the meeting closed. Be aware that no decision can be taken on issues that have not been validly included to the agenda.
To protect the minority co-owners interests in a General Meeting of the co-owners, the Civil Code of Québec has provided many save guards. For example, some decisions cannot be taken except by the means of a double majority. In addition, the Law allows any co-owner to contest decisions taken by the General Meeting of the co-owners, if it is demonstrated that they are contravening the law.
WHAT YOU SHOULD KNOW! The General Meeting of the co-owners possesses the powers conferred to it by Law, more particularly under articles 1096, 1097, 1098 and 1108 of the Civil Code of Québec. Other powers are granted to it by the declaration of co-co- ownership (Constituting Act).
WHAT TO KEEP IN MIND: Any General Meeting allows for discussions and decision making by the co-owners, provided the questions tabled are under its jurisdiction.
WARNING! The General Meeting is consulted on the budget but is not asked to approve it. It is the duty of the Board to set its parameters, after proceeding, at a General Meeting of the co-owners, to a consultation with the co-owners.
CONSULT THE PUBLICATION: Guide de procédure et de fonctionnememt des assemblées des copropriétaires (Procedure and operation of co-owners meetings guide)