Definition : Voting - Secret ballot

Voting system used at a general meeting of the co-owners or a meeting of the board of directors, in which participants are asked to answer anonymously a question put to the vote. The Civil Code of Quebec states that the vote of the members is by a show of hands or, on request, by secret ballot. Oddly, the decision-making process at a general meeting of the co-owners does not allow for a secret ballot, in the absolute sense of the term. Article 1090 of the Civil Code of Québec stipulates the following: "Each co-owner shall have at the general meeting a number of votes proportional to the relative value of his fraction". Thus, the ballot must necessarily indicate the number of votes attached to the fraction of the co-owner.

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The COVID-19 health crisis and its procession of government restrictions to limit gatherings have often made it impossible to regroup. The legislator was forced to organize the rescue of legal persons, banned from assemblies, to preserve, at least for a time, their functioning. The syndicates of co-owners have thus adopted alternatives to face-to-face meetings of co-owners. Social distancing obliges, COVID-19 has given rise to a phenomenon in co-ownership: virtual meetings of co-owners, also called remote meetings. In order to perpetuate this way of doing things, the law now authorizes syndicates of co-owners to hold meetings by technological means.
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In order for the board of directors to validly deliberate and make decisions, the declarations of co-ownership generally provide that a minimum number of directors must participate to the meeting. This requirement is called the quorum. Unless the board of directors is composed of a single director, the quorum at a meeting of the board of directors is generally set by the By-laws of the immovable by a majority of the current directors. Recall that the quorum is defined in order to ensure the representativeness and authority of the board of directors. It avoids decision-making by a limited number of directors. Therefore, it must be checked at each board meeting.
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  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.  
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