- Meeting of co-owners : Question
Definition : Meeting of co-owners - Question
An item (to be decided upon) inscribed on the agenda of a general meeting of the co-owners necessitating a vote to make a decision thereon. All the items inscribed on the agenda are not necessarily questions.
Question: Certains copropriétaires de notre syndicat veulent soumettre une résolution au vote lors de notre prochaine assemblée annuelle. Doit-on faire parvenir le texte de notre résolution à l'avance au conseil d’administration ou peut-on faire cela pendant l'assemblée? Y a-t-il une procédure légale particulière à suivre?
Au moment de l'assemblée, si on doit apporter certaines corrections au texte de la résolution, cela peut-il être fait pendant l'assemblée ou doit-on convoquer une autre assemblée pour présenter et voter le nouveau texte de la résolution?
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MODÈLE DE LETTRE DE DEMANDE D'INSCRIPTION D'UNE QUESTION À L'ORDRE DU JOUR
Le _____________________ 20__
Au Syndicat _______________ (nom exact du Syndicat des copropriétaires),
Je, soussigné(e), _______________________________ (prénom, nom et adresse du copropriétaire) propriétaire de la fraction de copropriété portant le numéro civique ___________ du ________________, appartement ______, à ____________________________(ville et code postal), souhaite que vous inscriviez à l’ordre du jour de la prochaine assemblée des copropriétaires la question suivante :
[Décrire] Exemple : Projet de modification à la déclaration de copropriété au sujet de [décrire], ce projet de résolution, dont le texte est joint à la présente demande, doit être communiqué aux copropriétaires avant l’assemblée et soumis au vote de l’assemblée.
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 General Meeting of the co-owners is one of the two decision-making bodies of the syndicate. It must 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 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.
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.
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.
The first step in preparing a meeting of co-owners is to establish a complete agenda. This document summarizes all the questions that will have to be voted on during this general meeting. It thus lists the resolutions that will be debated and voted. Although there is no formalism surrounding its fine drafting, the agenda must be sufficiently precise. He must thus mention all the questions and points that will be submitted at the meeting. Sent to all the co-owners, this program makes it possible to organize the course of the session. Attached to the notice calling the meeting, the agenda is accompanied by the documents necessary for the reflection of the voters.
Meetings of co-owners make decisions by taking a vote. Any proposal submitted for adoption must be voted on to become a resolution. Without being exhaustive, two voting procedures are set out in article 351 of the Civil Code of Quebec: a show of hands or, upon request, a secret ballot. The choice is predicated upon competing objectives of simplicity or confidentiality in the decision making process.
Question: Can a co-owner call, on his own, a general meeting? If so, in what circumstances and following what procedure?
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A question often arises whether a co-owner can modify the agenda received with his notice of call to the Annual General Meeting, either before or during the General Meeting?
The General Meeting of co-owners is governed by strict legal rules that you should know about. In principle the General Meeting deliberates only on the questions inscribed on the agenda before holding the General Meeting. Otherwise, any decision taken upon a question illegally placed on the agenda is null and void and may be subject to a legal challenge.