Our declaration of co-ownership provides that the gardens are common portions for restricted use, like the balconies. One of the co-owners, having the exclusive use of a garden, has taken the initiative over the years to make improvements (e.g.: addition of flowerbeds, removal of certain parts of the turf, addition of cedars or other elements, etc.), and this without the prior authorization of the syndicate. However, the board of directors at the time did not object to such work.
Questions: Can the new board of directors ask him to restore the premises? Does the concept of vested right acquired by tolerance exist in co-ownership?
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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.
It is possible to make a decision without having a meeting. Article 354 of the Civil Code of Québec recognizes the value of a written resolution: "Resolutions in writing signed by all the persons qualified to vote at a meeting are as valid as if passed at a meeting of the board of directors, at a general meeting or at a meeting of any other organ”. Co-owners and directors may make a decision by the means of a resolution in writing, without any general meeting of the board of directors or meeting of co-owners being held as such.
This mechanism is provided by law, when it is not essential for a meeting or a general meeting to be convened, since the salient points of the subject to be discussed have already been dealt with, to everyone’s satisfaction. This is to avoid cumbersome formalism, although written resolutions should be used with caution and parsimony.
The law provides that the syndicate must keep a register available to the co-owners. Article 342 of the Civil Code of Quebec specifies that the board of directors shall keep the list of members, as well as the books and registers necessary for the proper functioning of the legal person. This register represents the memory of the building for those who administer it. It constitutes the history of the experience of the condominium from its conception, and this by specifying its maintenance and the work undertaken, while listing the contractors and suppliers who intervened. In this sense, it is invaluable. The syndicate must preserve for organizational and management purposes, or for legal protection and evidence purposes, all documents and information relating to the operation of the co-ownership. That is why "preservation", "access" and "archives" are the hallmarks of this register.