Definition : Meeting of co-owners - Question

Question: Some co-owners of our syndicate want to put a resolution to a vote at our next annual meeting. What are the steps to follow? Do we have to send the text of our draft resolution to the board members in advance, or can we do that during the meeting? Is there a particular legal procedure to follow? At the time of the meeting, if certain corrections need to be made to the text of the resolution, can this be done during the meeting, or should another meeting be called to present and vote on the new text of the resolution?

TEMPLATE LETTER REQUESTING THE INCLUSION OF A QUESTION THE AGENDA     The ___________ At syndicate _____________ (exact name of the Syndicate of co-owners), I, the undersigned, __________________________________ (first name, last name and address of the co-owner) owner of the fraction of co-ownership bearing the civic number _________________, appartement ______, at_______________________  (city and postal code), wish you to include on the agenda of the next meeting of co-owners the following question: [Describe]  Example: Draft amendment to the declaration of co-ownership concerning [describe], this draft resolution, the text of which is attached to this application, must be communicated to the co-owners before the meeting and submitted to the vote of the meeting.

The minutes of the meeting are a document of paramount importance to ensure the execution of the decisions of the meeting. Therefore, the 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 meeting of co-owners is the gathering of all the co-owners, to make the decisions necessary for the sustainability of the building and the proper functioning of the co-ownership. It is one of the two decision-making bodies of the syndicate. This should be held at least once a year, but it can take place as often as necessary. 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 must be done at meetings of co-owners, where the members of the syndicate can make their voice heard by exercising their right to vote. Their conduct obeys certain rules of form and substance. An overview of the various specific aspects of meetings of 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 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.

  Co-owners must make decisions that are essential for the life of their co-ownership, which cannot be adopted by the board of directors without their consent. To this end, the meeting of co-owners brings together the co-owners or their representatives, at least once a year. In this context, the taking of these decisions is subject to a strict framework. Meetings of co-owners make decisions by taking a vote. Any proposal submitted for adoption must be voted on to become a resolution. Without being exhaustive, two voting procedures are set out in article 351 of the Civil Code of Quebec: a show of hands or, upon request, a  secret ballot. The choice is predicated upon competing objectives of simplicity or confidentiality in the decision making process.  

Question: Can a co-owner call, on his own, a general meeting? If so, in what circumstances and following what procedure?

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.