- Meeting of co-owners : President of the meeting
Definition : Meeting of co-owners - President of the meeting
A meeting officer, generally elected by the meeting of the co-owners, whose mission, in particular, is to certify the attendance sheet, ascertain quorum, direct the discussions, insure that the votes proceed and sign the minutes.
WARNING! One must not confuse the office of president of the meeting with the office of president of the Board of Directors. They are two different offices.
The appointment of meeting officers is necessary to hold a general meeting of co-owners.The range of their titles and functions are without limitation: president, vice-president, secretary and scrutineer of the general meeting. It is the declaration of co-ownership, in the chapter By-laws of an immovable that provides the rules to be followed. However, the civil liability of a general meeting officer with regard to the tasks incumbent upon him is largely unknown. Yet many Quebeckers accept this charge, while not being aware of this reality.
Decisions taken by co-owners in a general meeting must be recorded and entered in the minutes. This document is essential for a co-ownership because it ensures the written preservation of the deliberations or consultation of the general meeting, as well as the result of each vote so that any co-owner and director can refer to it in due course. It also allows to ascertain that the general meeting was conducted in accordance with the rules. Given its importance, this document must respect a certain formalism.
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.
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 General Meeting of the co-owners takes its decisions by a vote. Without this list being exhaustive, two voting procedures are set out in article 351 of the Civil Code of Quebec: the show of hands or, upon request, the secret ballot. The choice of one or the other voting procedure is predicated upon competing objectives of simplicity or of confidentiality in the decision making process. A focus on the different terms and conditions of voting in a General Meeting:
Calling a meeting of co-owners to order requires the prior preparation of an attendance sheet. It allows calculating quorum, establishing material evidence confirming the presence of co-owners or their representative (proxy), and controlling the legality of the vote.
General meetings are crucial for co-owners, as they are the occasion to debate and reflect on the directions to give their co-ownership. If general meetings are prepared carefully and methodically, the co-owners will be motivated and willing to attend. Their participation is essential, because general meetings are the exercise of democracy within a co-ownership. They follow specific rules that must be followed rigorously, otherwise the decisions taken may be invalidated.
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.
Question: One of the co-owners disturbs the co-owners' meetings with his endless questions and his incessant insults towards the members of the board of directors. He is always in dispute over everything, either on principle or just to be in contradiction. What can be done?
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Our last annual general meeting of the co-owners was opened and held by our directors. The trouble is that we do not know how to conduct an assembly.
Question: Is a President of the meeting required? Do non-directors have to make notes? And who draws up the minutes?
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