Definition : Meeting Officers - Secretary of the meeting

La webradio du mercredi 10 mai 2023 a porté sur le secrétaire d’assemblée et les aléas de la rédaction d’un procès-verbal. La désignation d’un secrétaire par l’assemblée des copropriétaires est un prélude obligatoire aux délibérations, car sa charge consiste à rédiger en français le procès-verbal. Il note les propositions, résume les délibérations, indique les votes pour chaque résolution, mentionne les éventuelles réserves et rend compte des interventions du président d’assemblée. Or la fine rédaction d’un procès-verbal peut s’avérer complexe, si l’on souhaite éviter un débat entre les copropriétaires ou encore un débat judiciaire. Rappelons, par ailleurs, que l'article 1102.1 du Code civil du Québec énonce que le conseil d’administration doit transmettre aux copropriétaires, dans les 30 jours de la réunion de l’assemblée, le procès-verbal de toute décision prise au cours de cette réunion.

Les assemblées de copropriétaire doivent être tenues en bonne et due forme, car il s'agit d'un des deux organes décisionnels d'une copropriété, l'autre étant le conseil d'administration. Des décisions importantes s'y prennent. Par conséquent, il est primordial qu'elles se déroulent dans les règles de l'art.

The appointment of  meeting officers remains a must for the holding of any meeting of co-owners. The range of titles and offices attributed to them is varied: president, vice-president, secretary and scrutineer. Although the functions of each of these speakers are distinct, their purpose is to ensure the proper conduct of the proceedings and their transcription in the minutes in order to record the decisions taken.  It is  the By-laws of the immovable (second part of the declaration of co-ownership) that provide the rules in this matter. However, the civil liability of an officer of an assembly with regard to the tasks incumbent on him is largely unknown. Yet many Quebecers accept this office, while ignoring this reality.  

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.  

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.

One of the essential moments of the co-ownership is undoubtedly that of the meeting of the co-owners. It is during this meeting that major decisions of the co-ownership are voted, such as the realization of certain works, the sale of a common portion and the modification of the declaration of co-ownership. The co-owners will also be able to debate and reflect on the orientations to be given to their co-ownership.  

  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?

  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?