Definition : Majority (general meeting of co-owners) - Enhanced majority

Majority with a larger percentage than the absolute majority of the votes of the co-owners present or represented at the meeting. In this regard, section 1097 of the Civil Code of Quebec states that: Decisions concerning the following matters are made by co-owners representing three-quarters of the votes of the co-owners present or represented....

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Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not having voted on this decision at the meeting of co-owners. Is he right?  
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Question: Can a meeting of co-owners take a regular decision despite the abstention of many co-owners present? How should these absentees be dealt with (a vote for or against)?  And what about non-voting on a decision of the members of the board of directors? Answer: Abstaining is a matter of concern in any democracy. Co-ownership is no exception to this reality. This question concerns both directors and co-owners: what about the scope of an abstention during a vote? However, the consequences are different, depending on whether it is the meeting of the co-owners or of the board of directors. In a meeting of co-owners, abstentionist co-owners are counted with the votes against, while for a meeting of the board of directors, non-voting directors are not taken into account (they have not "expressed themselves").  
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  The co-owners have a legal proceeding when they oppose decisions taken by the meeting of co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the meeting of co-owners, the legislator allows such recourse only in certain circumstances. Thus, Article 1103 of the Civil Code of Québec provides that any co-owner may apply to the court to annul or, exceptionally, to amend a decision of the general meeting if the decision is biased, if it was taken with the intent to injure the co-owners or in contempt of their rights, or if an error was made in counting the votes.   
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Works for the alteration, enlargement or improvement of the common portions are subject to a special regime. On the one hand, such work must be the subject of a formal authorization from the meeting of co-owners, by  the enhanced majority of article 1097 of the Civil Code of Quebec. On the other hand, this kind of work must be compatible with the destination of the immovable and not infringe the rights of the co-owners over their private portions. This strict framework is directly derived from the legal conception of divided co-ownership, namely: the building must, in principle, be maintained as it is. This is why, for work that goes beyond the simple maintenance or retrofitting to standards of the common portions of the building, it will require the approval of the meeting of co-owners.
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The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of the declaration of co-ownership (constituting act of co-ownership). It is it that also makes it possible to establish the type of co-ownership established and defines the use(s) that can be made of the private and common portions. It can thus be exclusively commercial or residential or residential but with the possibility of practicing a professional activity. It can also be mixed, such as, allowing shops on the ground floor and apartments on the upper floors.  
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Question: During our last general meeting of co-owners, the president of the board of directors suggested to sell a parcel of land located in the backyard of our immovable. According to him, the amount that we could receive would allow to replenish the contingency fund. Can you tell me if that is possible? If this is the case, I would like to know who has the authority to make this decision.
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As a general rule, the syndicate of co-owners decides upon and carries out the work to be done in common portions. It acts through its two bodies, the board of directors and the general meeting of the co-owners. However, certain work must be decided upon by the co-owners convened at an annual general meeting, or at a special general meeting. The majorities to be obtained in a vote will not necessarily be the same, depending on the type of work.      
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When the work of a co-owner has an impact on the common portions, the latter must obtain authorization from the meeting of co-owners to have it undertaken, even if the work is carried out in his private portion. This authorization requires a vote, the majority of which is greater than that required for the current decisions. Failure to comply with this rule could result in a co-owner being ordered to restore the premises to their original state or even to pay damages.    
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The rules for voting in meeting of co-owners vary depending on the importance of the decision to be made. They require a complex calculations in order to determine whether a the required majority has been reached. To do so, you must make sure that the register of co-owners is up to date, and that the compilation of votes is done according to the relative value specific to each fraction. This reduces the risk of contestation of an adopted resolution. That said, some decisions have extremely important consequences for all co-owners so the requirements in terms of majorities are then higher. For this reason, the law essentially imposes four levels of majority: absolute, enhanced, double.  
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