- 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.
Question: Article 1088 of the Civil Code of Quebec provides that any co-owner may request the board of directors to include any other matter on the agenda within 5 days of receipt of the notice of meeting of the co-owners. Are these 5 days working days or just 5 consecutive days? If I receive the convocation on Friday, is the 5th day Tuesday or Thursday (because Saturday and Sunday do not count).
Answer: The calculation of the time limits for convening the meeting of co-owners or a request for addition to the agenda is not the subject of any specific provision in the Civil Code of Quebec. The declaration may include statements on how the time limits are calculated.
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AVIS DE CONVOCATION À UNE ASSEMBLÉE ANNUELLE
(Nom du syndicat)
Le _____________________ 20__
À tous les copropriétaires, vous êtes par les présentes, convoqués à l’assemblée annuelle des copropriétaires qui se tiendra aux lieu et date mentionnés ci-après.
Lieu : (Indiquer le lieu)
Date : (date) Heure : (heure)
Afin de ne pas retarder l'ouverture de l'assemblée, nous vous serions reconnaissants de vous présenter à compter de (heure).
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.
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
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)
The first step in preparing a meeting of co-owners is to establish a complete agenda. This document summarizes all the questions that will have to be voted on during this general meeting. It thus lists the resolutions that will be debated and voted. Although there is no formalism surrounding its fine drafting, the agenda must be sufficiently precise. He must thus mention all the questions and points that will be submitted at the meeting. Sent to all the co-owners, this program makes it possible to organize the course of the session. Attached to the notice calling the meeting, the agenda is accompanied by the documents necessary for the reflection of the voters.
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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