Definition : Meeting of co-owners - Delay of convocation

Question: According to article 352 of the Civil Code of Quebec, the co-owners, if they represent 10% of the votes, may require the directors or the secretary to convene an annual or special general meeting, stating in a written notice the business to be transacted at the meeting. If the directors or the secretary fail to act within 21 days after receiving the notice, any of the co-owners who signed it may convene the meeting. However, our declaration of co-ownership indicates that to request such a convocation, it is necessary to obtain 20% of the votes. Does our declaration of co-ownership take precedence over the provisions of the Civil Code of Quebec?

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