Definition : Divided co-ownership - Small co-ownership

Co-ownership with less than five fractions. In this type of co-ownership, when a co-owner has a number of votes greater than one-half of all the votes available to the co-owners, the number of votes to which he is entitled at a meeting is reduced to the total number of votes to which the other co-owners present or represented at the meeting are entitled. No other specific provisions govern small co-ownership. Thus, we can observe risks of deadlock in decision-making, especially in co-ownership composed of two fractions.

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We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it was flowing (rust) on my patio. Each co-owner must see to the maintenance of the balcony and patio. He mentioned to me that he was aware that it had been in this state for at least 4 years. I was afraid that the balcony would collapse this winter with the weight of the snow. We are the two signatories on the account. Therefore, I could not undertake the work on behalf of the syndicate. Questions: What can I do to require the work to be done quickly? Send him a formal notice ? I may no longer have his collaboration at all, which is already difficult.
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Constituée de six logements ou moins, une petite copropriété est un bâtiment de taille modeste ne nécessitant généralement ni ascenseur ni de concierge, allégeant ainsi les charges de copropriétés. Le Code civil du Québec a introduit un régime juridique spécifique pour certaines copropriétés à savoir celles comportant moins de cinq fractions. Par ailleurs, on distingue les « très petites copropriétés » composées de deux fractions. Dans ces dernières copropriétés, le rassemblement revêt un caractère moins formel notamment dans le cas d’une copropriété à deux. En effet, toutes les initiatives sont tranchées à l’unanimité à l’occasion d’un échange sans formalité particulière. Ces copropriétés sont souvent dysfonctionnelles, car les copropriétaires apportent peu d’importances au formalisme prévu par la loi. Ainsi, il est fréquent de constater que les organes décisionnels du syndicat sont inopérants. Pire encore, certains de syndicats ne sont pas convenablement assurés, mettant ainsi en péril le patrimoine immobilier des copropriétaires.   
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The presence of a board of directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. As for its members, they act as mandataries of the syndicate. Because of the phenomenon of co-ownership in difficulty or dysfunctional, the legislator, through Bill 16, has put in place judicial mechanisms to overcome these difficulties. Article 1086.4 was thus introduced into the Civil Code of Quebec. This addition allows the court to replace the board of directors with a provisional administrator, if circumstances warrant, and to determine the terms and conditions of its administration (e.g., term of office).  
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The right to vote is recognized as an essential element of any modern society, and as such, co-owners cannot be deprived of it except as provided in the law. In addition, each co-owner has, in principle, at the meeting a number of votes proportional to the relative value of his fraction. However, in certain circumstances, it is provided that the co-owner may have his right to vote suspended or reduced, by the sole effect of the law. It is important to know who may be affected by these restrictions and what the consequences are.The voting rights of the co-owners of the immovable can, in certain circumstances, be suspended or reduced. It is important to know who may be affected by these restrictions and their consequences.
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Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible to outsource this mandate, that is to say to a consulting firm?
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