Action by which a group of co-owners, not holding the majority of the votes at the general meeting, prevent the adoption of decisions necessary for the protection of the rights appurtenant to the immovable or the co-ownership (e.g. by refusing to vote on a resolution requiring a double majority, so that the required percentage and/or number cannot be reached). This could be the case for work allowing disabled people to access the immovable.
Irregularities noted at a meeting of co-owners do not make the decisions taken non-existent, but voidable. Consequently, the co-owner who intends to invoke the irregularity of a decision must initiate a legal proceeding, in accordance with article 1103 of the Civil Code of Quebec. Wishing to promote the stability of the decisions taken by the assembly, the legislature allows such a remedy to be brought only in certain circumstances. Thus, any co-owner may ask the court to annul or, exceptionally, modify a decision of the meeting of co-owners if it is partial, if it was taken with the intention of harming the co-owners or in disregard of their rights, or if an error occurred in the calculation of votes.
The work to be done in the common portions is subject to rules of which it is useful to know all the ins and outs. The syndicate of co-owners acts in this matter through its two bodies, the board of directors and the meeting of the co-owners. It is up to the board of directors to analyze the scope and budget of the work, and to organize, when required by law, a meeting of co-owners (annual meeting or special meeting.) which will aim to vote by majority the final decision. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.