Voting system used at a general meeting of the co-owners, by which the votes are counted by calling each fraction composing the co-ownership. Each of the co-owners thus called, in turn, states his decision. Although this process is longer, it has advantages over a vote by show of hands. Firstly, it clearly distinguishes the decision of each co-owner, that is to say, it identifies who voted what. It also limits the risk of error in the calculation of votes and therefore court challenges of decisions made at the general meeting of the co-owners.
The co-owners have a legal proceeding when they oppose decisions taken by the general meeting of co-owners. They generally seek to contest decisions they consider unjustified. In order to promote the stability of the decisions made at the general meeting, the legislator allows such recourse only in certain circumstances. Thus, Article 1103 of the Civil Code of Québec provides that any co-owner may apply to the court to annul or, exceptionally, to amend a decision of the general meeting if the decision is biased, if it was taken with the intent to injure the co-owners or in contempt of their rights, or if an error was made in counting the votes.
The General Meeting of the co-owners takes its decisions by a vote. Without this list being exhaustive, two voting procedures are set out in article 351 of the Civil Code of Quebec: the show of hands or, upon request, the secret ballot. The choice of one or the other voting procedure is predicated upon competing objectives of simplicity or of confidentiality in the decision making process. A focus on the different terms and conditions of voting in a General Meeting:
In divided co-ownership, the right of ownership is divided, among the co-owners, by "fractions", each comprising a materially divided private portion (e.g. an apartment, a parking or storage space, and sometimes even a plot of land) and a share of the common portions. To each fraction is attached an undivided right of ownership in the common portions, and sometimes the right to use the common portions for restricted use.
The fraction is the result of the division of a building to create a condominium. In other words, the addition of all the fractions constitutes, by the effect of the publication of a declaration of co-ownership, the condominium building.