- Meeting of co-owners : Notice calling the meeting
Definition : Meeting of co-owners - Notice calling the meeting
Document sent to co-owners to inform them that they are convened to an impending general meeting of co-owners. The notice must indicate the name of the person calling it, identify the general meeting type (annual general meeting, special general meeting, special transitional general meeting, make up general meeting, information general meeting). It must indicate the date, time and place of the meeting. An agenda must be included with the documents sent out, usually as a separate document. Other documents (e.g. financial statements, budget forecast, draft of any deed to amend the declaration of co-ownership, etc.) shall, in certain circumstances, be sent at the same time as the notice. Finally, although not mandatory, a proxy form is usually attached to the notice of meeting.
The process leading to convening a general meeting of co-owners must be rigorously observed. It is necessary to comply with certain formal conditions and time constraints, otherwise the decisions taken during such general meeting could be invalidated. The co-owners are informed of the holding of the general meeting of co-owners by the reception of the notice of meeting. This written notice must indicate the date, time and venue of the meeting and the questions on the agenda. Depending on the nature of these questions, certain documents must be attached to said notice. Look at different aspects of calling the general meeting.
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 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:
With respect to the Annual General Meeting, the article 1087 of the Civil Code of Québec provides that certain documents must be attached to the notice of meeting.These documents are to be sent to co-owners so that they can ascertain the exact nature of the questions and issues to be discussed.
Some of these documents, described in the agenda, are a prerequisite to the validity of the decision (such as, a draft amendment to the declaration of co-ownership ). Other documents are, on the other hand, necessary for the information of the co-owners (such as, the budget forecast and the report of the Board of Directors)
Question: Can a co-owner call, on his own, a general meeting? If so, in what circumstances and following what procedure?
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