The first step in the preparation of a General Meeting of co-owners is to prepare a complete agenda. Even though there is no legal formalism governing its fine print, the agenda must be sufficiently specific. It must mention all the questions and items to be tabled before the General Meeting. You will find here under some useful pointers for preparing and drafting an agenda.
The content of the agenda
The agenda of an Annual General Meeting usually begins with the following elements:
A crystallized agenda
Once the final version of the agenda sent to the co-owners, its content cannot be changed. It would therefore be prohibited, in principle, to add other questions there too, once the deadline granted to co-owners has expired. Any new item proposed at the last minute is inadmissible, either before or during the General Meeting. And remember that questions that are not listed in the agenda may not be voted upon unless all the co-owners of the syndicate are present at the meeting and consent to it (Article 348 of the Civil Code of Québec).
Preparation of draft resolutions
To avoid any ambiguity on the scope of the questions submitted to the co-owners vote, it is recommended to join to the notice of call and the agenda, the wording of the draft resolutions to be submitted to a vote. In other words, each proposed questions should be accompanied by a detailed, clear and specific description, as well as any information required to take an enlightened decision. Furthermore, in regards to all the questions on the agenda, a vote should be taken one resolution at a time. Following this procedure reduces the risk of legal challenges.
WHAT YOU SHOULD KNOW! Most of the time, the agenda of a meeting of co-owners has a section called ''Other Business'' or ''Varia''. This item cannot be the object of any vote whatsoever. It allows discussion on various topics of interest to the co-ownership that does not require a decision of the General Meeting.
WHAT TO KEEP IN MIND: The meeting of co-owners can take decisions only on matters legally inserted on the agenda. These questions must be clear and unambiguous.
WARNING! Take notice that one must not become confused between the items on the agenda that do not necessitate a vote, with the “questions” which require a vote in order that a decision be taken.
CONSULT THE PUBLICATION: Guide de procédure et de fonctionnement des assemblées des co-propriétaires (Procedure and Operation of Co-owners Meetings Guide).