- Co-owner : Death
Definition : Co-owner - Death
The time when there is an irreversible cessation of all brain functions in a person. After the death of a co-owner, the property of the deceased is the undivided property of his heirs. It is therefore they who, in principle, must pay the common expenses relating to the fractions that were the property of the deceased.
WHAT YOU SHOULD KNOW ! In the event of the death of a co-owner, the notices of meetings and minutes of the meetings of the co-owners must be sent by the board of directors to the domicile of the deceased as long as the transfer of ownership has not been notified to him. After notification, these documents must no longer be sent to the address of the deceased but to the heirs, failing which the latter may request the annulment of the decisions taken at the meeting.
WARNING ! In the event of the death of a co-owner, the power of attorney he would have entrusted expires automatically. Article 2175 of the Civil Code of Quebec states the following: In addition to the causes of extinction common to obligations, the mandate is terminated by its revocation by the mandator, by renunciation by the mandatary, by the extinction of the power conferred on the mandatary or by the death of either of the parties.
Co-owners must be called at least once a year to a meeting known as an annual meeting. This assembly, like all other types of assembly, must bring together all the co-owners. With the notice calling the meeting, the board of directors notifies all the co-owners of the list of points to be studied and decisions to be voted on at the meeting of co-owners. This document is the agenda of the assembly. The summons has to respect a procedural frame, otherwise the assembly of the co-owners could be irregular. That is why it is up to the one who takes the initaive to summon her to respect rules
Who calls the meeting?
In theory, the Board of Directors (the Board) convenes the general meeting of co- owners. But in some cases, one or more co-owners can on his own initiative convene it:
Every co-owner should participate to all meetings to ensure the meeting of co-owners can reach a quorum and therefore deliberate and take decisions. When a co-owner cannot go there, he can ask the person of his choice to represent him. The mandatary the one who receives the proxy is not necessarily another co-owner. It may be a person outside the co-ownership. The latter will thus be able to represent him in this meeting and vote in his place on all the questions on the agenda.
A written instrument is compulsory
Tacit mandate being excluded, you must give a written instrument to the mandatary of your choice if you wish to be represented at the Meeting. The latter, who will represent you and vote on your behalf during the general meeting, can be one of the directors of the co-ownership (in his personal capacity), another co-owner, a friend or a person totally foreign to the co-ownership.