Definition : Proxy (Power of attorney)

Document signed by a co-owner (mandator) and evidencing a mandate in favour of another co-owner or third party (mandatory). Frequently, this mandate consists of representing and acting on behalf of a co-owner at the general meeting of co-owners. It should be noted that it is necessary to distinguish between a general power of attorney (the mandatory obtains extensive powers) and a specific power of attorney (the mandator gives precise voting instructions). This power and, where applicable, the written document that establishes it, are also called a mandate.

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April 17, 2021 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for a co-owner to prepare one himself. A formidable tool at assemblies and an object of covetousness for many when a decisive vote is planned in the co-ownership. However, proxies and their validity are often the subject of unfortunate questions and attempts to counter them. What about it?  
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PROCURATION (MODÈLE)   Le  _____________________ 20__     Au Syndicat des copropriétaires _______________ (nom du Syndicat),   Je (nous), soussigné(e)(s),  ……… (prénom, nom et adresse du mandant), propriétaire(s) de la fraction de copropriété portant le numéro civique ___________________, appartement numéro  ______, à (nom de la ville), mandate (mandatons) par la présente M. ……… (nom, prénom et adresse du mandataire), mon (notre) mandataire, aux fins d’assister à l’assemblée annuelle des copropriétaires qui se tiendra le ____________________.
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Question: Our co-ownership has 6 apartments. I am on the board of directors, which is made up of three directors. Having been unable to attend a board meeting, I gave a power of attorney to my neighbour. The two members of the Board of Directors denied this person the right to participate in the meeting. Is it legal?
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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.
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  I was absent during the last meeting of co-owners. The directors are "all-rounders" and I don't see why I should listen to what they have to say. Moreover, as usual, they voted on completely absurd matters, such as sumptuous rehabilitation works for the entrance hall of the building. Question: Am I still obliged to submit to the decisions made there?
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In our co-ownership, there is a clear disinterest of the co-owners which results in a very low attendance at the meetings of the co-owners. For a number of years now we have had difficulty reaching the quorum. The situation is difficult because decisions that sometimes happen to be made are not followed. Question: What is there to do with such disinterest?
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Lors des dernières assemblées générales annuelles, les administrateurs détenaient plus que 50 % des voix (procurations plus leurs propres votes). Il dispose du coup d'un nombre de votes suffisant pour être réélu année après année. Nous nous sentons démunis car nous n'avons pas vraiment le pouvoir de renverser la tendance lors du vote. Est-il possible à l'avenir de limiter le nombre de procurations que peut détenir un administrateur lors d’assemblées de copropriétaires ?  
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Every co-owner should participate to all meetings to ensure the meeting of co-owners can reach a quorum and therefore deliberate and take decisions. When a co-owner cannot go there, he can ask the person of his choice to represent him. The mandatary the one who receives the proxy is not necessarily another co-owner. It may be a person outside the co-ownership. The latter will thus be able to represent him in this meeting and vote in his place on all the questions on the agenda.   A written instrument is compulsory Tacit mandate being excluded, you must give a written instrument to the mandatary of your choice if you wish to be represented at the Meeting. The latter, who will represent you and vote on your behalf during the general meeting, can be one of the directors of the co-ownership (in his personal capacity), another co-owner, a friend or a person totally foreign to the co-ownership.
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