Definition : Error in the counting of votes- Condo condo Quebec

Definition : Error in the counting of votes

Action of making a mistake at a meeting of co-owners in the counting of votes, and this because of an erroneous calculation. The term "error in the calculation of votes" covers a wide range of individual cases. Thus, a decision may be vitiated if it does not consider:

The distribution of votes of the co-owners established in the Declaration of Co-Ownership (Constituting act of the co-ownership);

The absence of voting rights attached to the fraction owned by the syndicate (e.g. the janitor's apartment);

The reduction of the voting rights of the developer and his successors in a co-ownership of five or more fractions;

Suspension of the voting rights of a co-owner who has not paid his share of the common expenses for more than three months;

The reduction of the voting rights of the majority co-owner in a co-ownership with less than five fractions;

The absence of a co-owner when the attendance sheet erroneously indicated that he was present.

Canceling a decision of the meeting of co-owners

Irregularities noted at a meeting of co-owners do not make the decisions taken non-existent, but voidable. Consequently, the co-owner who intends to invoke the irregularity of a decision must initiate a legal proceeding, in accordance with article 1103 of the Civil Code of Quebec. Wishing to promote the stability of the decisions taken by the assembly, the legislature allows such a remedy to be brought only in certain circumstances. Thus, any co-owner may ask the court to annul or, exceptionally, modify a decision of the meeting of co-owners if it is partial, if it was taken with the intention of harming the co-owners or in disregard of their rights, or if an error occurred in the calculation of votes.

Definition : Error in the counting of votes

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