- Meeting of co-owners : Meeting of co-owners
Definition : Meeting of co-owners
One of the two decision-making bodies of the syndicate which gathers all the co-owners. There are four types of meeting, namely: the Annual General Meeting (AGM), the Special General Meeting (SGM), the Special Transitional General Meeting and the Remedial General Meeting (RGM).
Les assemblées de copropriétaire doivent être tenues en bonne et due forme, car il s'agit d'un des deux organes décisionnels d'une copropriété, l'autre étant le conseil d'administration. Des décisions importantes s'y prennent. Par conséquent, il est primordial qu'elles se déroulent dans les règles de l'art.
The General Meeting of the co-owners is one of the two decision-making bodies of the syndicate. You should be aware that co-ownership life implies that the co-owners or their representatives meet, occasionally, to discuss and vote upon important decisions. This occurs at General Meetings of the co-owners, which is the prime democratic body in the co-ownership. Their conduct obeys certain rules of form and content. An overview of the various specific aspects of General Meetings of the co-owners.
A General Meeting of the co-owners cannot take place without an agenda. To deliberate in accordance with the Law, co-owners should be able to become aware, before the General Meeting, of the questions on the agenda. This the reason why it should be annexed to the notice of call, usually prepared by the Board of Directors (Board). It contains all the questions to be tabled for deliberation during the General Meeting. This document must be clear and unambiguous to avoid legal challenges. An overview of the various specificities of the agenda.
The declaration of co-ownership generally contains the terms and conditions concerning the conduct of the meeting of co-owners by defining rules of procedure and the role of the meeting officers. Key figures of the assembly of co-owners, they ensure the smooth running of it. Their appointment is therefore necessary for the holding of any meeting of co-owners. These are generally elected at the start of the meeting, in a separate vote taken by an absolute majority of the votes of the co-owners present or represented (50% of the votes plus one). This is an obligation that cannot be waived, because any decisions taken before their election has no legal value.
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.
2 février 2016 — Le terme Varia est fréquemment employé dans les ordres du jour d’assemblées générales annuelles de copropriétaires. Il permet d’ajouter des sujets qui n’y étaient pas initialement prévus, et qui sont débattus en fin d’assemblée. Or, selon l’Office québécois de la langue française, ce terme est une impropriété à éviter.
Je serai à Cuba lors de la prochaine assemblée des copropriétaires. Quelles sont mes options? Puis-je donner une sorte de mandat à quelqu’un pour que ma voix soit tout de même entendue à l’assemblée?
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The resolutions of the General Meeting of the co-owners require 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 imposes three levels of majority: absolute, enhanced and double majority, depending on the importance of the decision to be taken.
Every co-owner should participate to all general meetings to ensure the general meeting can reach a quorum and therefore deliberate and take decisions. If you are unable to attend, or if you do not wish to participate, it is better to appoint a mandatary. He may thus represent you at the general meeting, by the means of a proxy you will give him. Remember that a proxy represents the ideal compromise to exercise your voting right.
A question often arises whether a co-owner can modify the agenda received with his notice of call to the Annual General Meeting, either before or during the General Meeting?
The General Meeting of co-owners is governed by strict legal rules that you should know about. In principle the General Meeting deliberates only on the questions inscribed on the agenda before holding the General Meeting. Otherwise, any decision taken upon a question illegally placed on the agenda is null and void and may be subject to a legal challenge.