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.
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.
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.
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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