RSS condolegal 2022-12-09T02:49:56+0000 Zend_Feed_Writer http://en.condolegal.com/ condolegal contact@condolegal.com http://www.condolegal.com <![CDATA[Is a syndicate of co-owners always liable for damages caused by the common portions?]]> A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the costs of the syndicate and co-owner and insists that the syndicate pay for all repairs since he does not want to increase his insurance premiums. Question: Is he entitled to do that? Especially since the dwelling was uninhabited for two years before the co-owner built up that there was a little water on its floor during heavy rains. It seems to me that there is negligence on his part, perhaps there has been infiltration for some time and that it should not be the syndicate's responsibility to pay for all these repair costs.

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2022-12-04T19:56:00+0000 2022-12-05T14:32:29+0000 http://en.condolegal.com/your-rights/questions-answers/3253-syndicate-liable-damages A disaster occurred in the dwelling of a co-owner in the basement because of water infiltration caused by a crack in the concrete wall. Building insurance does not cover this type of loss. The syndicate quickly had the crack repaired. In terms of damage to the interior of the dwelling, some of the damage is to improvements (flooring) and some to basic structures (plaster walls). The co-owner refuses to call on his insurer to separate the costs of the syndicate and co-owner and insists that the syndicate pay for all repairs since he does not want to increase his insurance premiums. Question: Is he entitled to do that? Especially since the dwelling was uninhabited for two years before the co-owner built up that there was a little water on its floor during heavy rains. It seems to me that there is negligence on his part, perhaps there has been infiltration for some time and that it should not be the syndicate's responsibility to pay for all these repair costs.
<![CDATA[How can I access my information?]]> A co-owner made complaints against me to the syndicate of co-ownership. I asked for a list of complaints about me to find out exactly what I am accused of. I had a refusal as an answer. Question: How can I access this information? Which form do I need to fill out? Who do I contact if the syndicate does not cooperate?

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2022-11-27T21:48:00+0000 2022-12-07T12:28:39+0000 http://en.condolegal.com/your-rights/questions-answers/3252-how-can-I-access-my-information A co-owner made complaints against me to the syndicate of co-ownership. I asked for a list of complaints about me to find out exactly what I am accused of. I had a refusal as an answer. Question: How can I access this information? Which form do I need to fill out? Who do I contact if the syndicate does not cooperate?
<![CDATA[Call for tenders in co-ownership]]> Expenses related to work in a co-ownership are a source of concern for many syndicates of co-owners. The average age of Quebec co-ownership now exceeds 30 years and many of them must or will soon have to carry out major repairs to the common portions. The primary mission of the syndicate, it should be remembered, is to ensure the preservation of the immovable. The competition between undertakings offering services in this area therefore enables the syndicates to choose from among the tenders proposed by the latter, the most competitive tender, bearing in mind that price is not the only selection criterion.

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2022-11-26T21:13:00+0000 2022-11-27T16:48:40+0000 http://en.condolegal.com/work/factsheets/under-sheets/3250-call-for-tenders-in-co-ownership Expenses related to work in a co-ownership are a source of concern for many syndicates of co-owners. The average age of Quebec co-ownership now exceeds 30 years and many of them must or will soon have to carry out major repairs to the common portions. The primary mission of the syndicate, it should be remembered, is to ensure the preservation of the immovable. The competition between undertakings offering services in this area therefore enables the syndicates to choose from among the tenders proposed by the latter, the most competitive tender, bearing in mind that price is not the only selection criterion.
<![CDATA[Do I have to pay for 70 years old and up?]]>

Every January or February, the manager, the accountant or the administrator of the co-ownership syndicate must complete, at the request of the co-owners concerned, the form TPZ-1029.MD.5-V for the tax credit for home support services for seniors. Completing this form requires an analysis of the accounting books to use only eligible expenses. This work can take a lot of time, depending on the volume of transactions of the condominium. It is tempting to charge the co-owner requesting this form a fair amount of professional fees for the production of the said document. Especially that in condominiums, the trend is according to the user-pays principle. Can we do it?

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2022-11-21T11:34:00+0000 2022-11-22T19:27:38+0000 http://en.condolegal.com/management/chronicles/aline-desormeaux/2376-tax-credit-for-home-support Every January or February, the manager, the accountant or the administrator of the co-ownership syndicate must complete, at the request of the co-owners concerned, the form TPZ-1029.MD.5-V for the tax credit for home support services for seniors. Completing this form requires an analysis of the accounting books to use only eligible expenses. This work can take a lot of time, depending on the volume of transactions of the condominium. It is tempting to charge the co-owner requesting this form a fair amount of professional fees for the production of the said document. Especially that in condominiums, the trend is according to the user-pays principle. Can we do it?
<![CDATA[Protection of personal information and co-ownership]]> Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by the Act respecting the protection of personal information in the private sector (PHIPA). With the assent of Bill 64 on September 22, 2022, new rules for the use and dissemination of personal information have subject (and will subject) the world of co-ownership since September 22, 2022, while other rules will come into force in September 2023 and 2024.

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2022-10-17T03:12:00+0000 2022-11-28T00:22:39+0000 http://en.condolegal.com/your-rights/factsheets/3232-protection-personal-information-co-ownership Cohabiting with others in a building in divided co-ownership implies the right to respect for the private life. This right is guaranteed by article 3 of the Civil Code of Québec and the Charter of Human Rights and Freedoms. Its informational dimension is legally protected by the Act respecting the protection of personal information in the private sector (PHIPA). With the assent of Bill 64 on September 22, 2022, new rules for the use and dissemination of personal information have subject (and will subject) the world of co-ownership since September 22, 2022, while other rules will come into force in September 2023 and 2024.
<![CDATA[Bird feeders that disturb]]>

My upstairs neighbor set up bird feeder on her balcony. However, this attracts a lot of birds that make droppings on my balcony, causes an unpleasant sound noise (blue jays), and my cats who are used to going to the balcony catch the birds and eat them. Also, I fear that in the long term, we will find ourselves having problems with some rodents and / or early breakage due to droppings. For my neighbor, it is out of the question that she removes her feeders, under the pretext that it is to preserve the mental health of her cats and herself.

Question: Is there a law or rule in this area, as nothing is mentioned in the declaration of co-ownership on this subject?

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2022-10-09T10:26:00+0000 2022-12-05T14:41:48+0000 http://en.condolegal.com/your-rights/questions-answers/3230-bird-feeders-that-disturb My upstairs neighbor set up bird feeder on her balcony. However, this attracts a lot of birds that make droppings on my balcony, causes an unpleasant sound noise (blue jays), and my cats who are used to going to the balcony catch the birds and eat them. Also, I fear that in the long term, we will find ourselves having problems with some rodents and / or early breakage due to droppings. For my neighbor, it is out of the question that she removes her feeders, under the pretext that it is to preserve the mental health of her cats and herself. Question: Is there a law or rule in this area, as nothing is mentioned in the declaration of co-ownership on this subject?
<![CDATA[Divided co-ownership and GST/QST]]> The Goods and Services Tax (GST) and the Quebec Sales Tax (QST) are collected in Quebec on the sale of most goods and services. The application of the Excise Tax Act (Part IX) and the Act respecting the Québec sales tax in respect of expenses incurred by a syndicate of co-owners and the contributions to common expenses it receives from co-owners is a very complex subject. Before registering for the GST and QST files, a syndicate of co-owners has every interest in consulting a tax professional. That said, the question remains: in what situation must a syndicate of co-owners charge GST and QST to a co-owner on his common expenses (condo fees)?

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2022-09-20T09:14:00+0000 2022-11-26T20:33:58+0000 http://en.condolegal.com/management/chronicles/aline-desormeaux/3227-divided-co-ownership-and-GST-QST The Goods and Services Tax (GST) and the Quebec Sales Tax (QST) are collected in Quebec on the sale of most goods and services. The application of the Excise Tax Act (Part IX) and the Act respecting the Québec sales tax in respect of expenses incurred by a syndicate of co-owners and the contributions to common expenses it receives from co-owners is a very complex subject. Before registering for the GST and QST files, a syndicate of co-owners has every interest in consulting a tax professional. That said, the question remains: in what situation must a syndicate of co-owners charge GST and QST to a co-owner on his common expenses (condo fees)?
<![CDATA[Contact info from a new co-owner, how to get them?]]> Questions: How can I get the contact information of a new co-owner who has never moved into the condo since the purchase? We have no information available about him (no phone number, no email address). How do I trace it?

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2022-09-15T07:08:00+0000 2022-10-06T19:56:20+0000 http://en.condolegal.com/management/questions-answers/3225-co-cowner-contact-info Questions: How can I get the contact information of a new co-owner who has never moved into the condo since the purchase? We have no information available about him (no phone number, no email address). How do I trace it?
<![CDATA[Capping the minimum contribution to the self-insurance fund at $100,000 (coming into force)]]> August 27, 2022 — On June 22, 2022, the Government of Quebec published in the Gazette officielle du Québec a regulation amending the Regulation to establish various measures in matters of divided co-ownership insurance. The by-law amends the terms and conditions for establishing the minimum contribution to the self-insurance fund of an immovable held in divided co-ownership so that a contribution bringing the balance of the fund to more than $100,000 may be reduced. Nevertheless, a syndicate of co-owners may always decide to deposit in the auto insurance fund an amount greater than this amount, and this, according to its financial forecasts.

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2022-08-27T17:21:00+0000 2022-08-27T19:03:37+0000 http://en.condolegal.com/insurance/news/3220-capping-minimum-contribution-self-insurance-fund-at-$100,000 August 27, 2022 — On June 22, 2022, the Government of Quebec published in the Gazette officielle du Québec a regulation amending the Regulation to establish various measures in matters of divided co-ownership insurance. The by-law amends the terms and conditions for establishing the minimum contribution to the self-insurance fund of an immovable held in divided co-ownership so that a contribution bringing the balance of the fund to more than $100,000 may be reduced. Nevertheless, a syndicate of co-owners may always decide to deposit in the auto insurance fund an amount greater than this amount, and this, according to its financial forecasts.
<![CDATA[Neighbourhood disturbances: olfactory nuisances (odours)]]> New co-owners have recently moved in. They cook a lot, a lot, with a lot of spices and other condiments. As soon as it gets out of the elevator an intense smell runs through the entire corridor. It is unbearable. Question: Is there a regulation/section of law regarding this inconvenience?

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2022-08-13T17:43:00+0000 2022-08-26T19:35:53+0000 http://en.condolegal.com/your-rights/questions-answers/3218-neighbourhood-disturbances-olfactory-nuisances-odours New co-owners have recently moved in. They cook a lot, a lot, with a lot of spices and other condiments. As soon as it gets out of the elevator an intense smell runs through the entire corridor. It is unbearable. Question: Is there a regulation/section of law regarding this inconvenience?
<![CDATA[Let's talk about psychological harassment (2/2)]]> August 14, 2022 - The phenomenon of psychological harassment in the workplace is increasingly reported and publicized. It manifests itself in many forms through intimidating, vexing and inappropriate behaviors. This scourge of society is being fought, wherever it occurs. No one can hide behind any legal status, including that of co-ownership. A syndicate of co-owners, as an employer, must take reasonable steps to prevent any form of psychological harassment among its employees and, when such conduct is brought to its attention, to put an end to it.

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2022-08-13T09:00:00+0000 2022-08-17T14:21:41+0000 http://en.condolegal.com/management/chronicles/richard-lecouffe/897-talk-about-psychological-harassment-2 August 14, 2022 - The phenomenon of psychological harassment in the workplace is increasingly reported and publicized. It manifests itself in many forms through intimidating, vexing and inappropriate behaviors. This scourge of society is being fought, wherever it occurs. No one can hide behind any legal status, including that of co-ownership. A syndicate of co-owners, as an employer, must take reasonable steps to prevent any form of psychological harassment among its employees and, when such conduct is brought to its attention, to put an end to it.
<![CDATA[Co-ownership: Doing justice to yourself ]]> We would like to know what our rights are with respect to the members of the board of directors. We asked them on more than one occasion, a copy of the minutes of our last meeting of co-owners (which took place three months ago). Under article 1102.1 of the Civil Code of Quebec, the board of directors must send the co-owners the minutes of any meeting of the co-owners within 30 days of the meeting. Despite these demands, the directors turn a deaf ear. We have decided to stop paying our common expenses until we get what we are asking for. Question: But is it okay to have to make such a request every time the board does not give us a follow-up?

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2022-08-06T20:13:00+0000 2022-08-10T14:20:56+0000 http://en.condolegal.com/your-rights/questions-answers/3217-co-ownership-doing-justice-to-yourself We would like to know what our rights are with respect to the members of the board of directors. We asked them on more than one occasion, a copy of the minutes of our last meeting of co-owners (which took place three months ago). Under article 1102.1 of the Civil Code of Quebec, the board of directors must send the co-owners the minutes of any meeting of the co-owners within 30 days of the meeting. Despite these demands, the directors turn a deaf ear. We have decided to stop paying our common expenses until we get what we are asking for. Question: But is it okay to have to make such a request every time the board does not give us a follow-up?
<![CDATA[Co-ownership for two: risks of blockages inherent in decision-making ]]> We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it was flowing (rust) on my patio. Each co-owner must see to the maintenance of the balcony and patio. He mentioned to me that he was aware that it had been in this state for at least 4 years. I was afraid that the balcony would collapse this winter with the weight of the snow. We are the two signatories on the account. Therefore, I could not undertake the work on behalf of the syndicate. Questions: What can I do to require the work to be done quickly? Send him a formal notice ? I may no longer have his collaboration at all, which is already difficult.

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2022-08-05T18:50:00+0000 2022-10-30T17:20:51+0000 http://en.condolegal.com/your-rights/questions-answers/3216-co-ownership-for-two-risks-of-blockages We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership, the latter having no notion on this subject. In addition, a year ago, I told him that his balcony needed to be repaired since it was flowing (rust) on my patio. Each co-owner must see to the maintenance of the balcony and patio. He mentioned to me that he was aware that it had been in this state for at least 4 years. I was afraid that the balcony would collapse this winter with the weight of the snow. We are the two signatories on the account. Therefore, I could not undertake the work on behalf of the syndicate. Questions: What can I do to require the work to be done quickly? Send him a formal notice ? I may no longer have his collaboration at all, which is already difficult.
<![CDATA[Let's talk about psychological harassment (1/2)]]>

August 2, 2022- As important players in a co-ownership, employees of a syndicate of co-owners ensure its proper functioning by performing various services expected by residents. The syndicate is thus "the employer", responsible for the safety and health of its employee. Since 2004, the Act respecting labour standards provides that every employee has the right to a work environment free from all forms of psychological harassment. For example, in the event of a dispute caused by a co-owner who exerts regular pressure on the concierge or the doorman, the syndicate must take the necessary measures. If the emplyee files a complaint of harassment, the co-ownership may be held liable for the actions of one of its members.

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2022-08-02T09:00:00+0000 2022-08-17T14:20:18+0000 http://en.condolegal.com/management/chronicles/richard-lecouffe/876-talk-about-psychological-harassment-1 August 2, 2022- As important players in a co-ownership, employees of a syndicate of co-owners ensure its proper functioning by performing various services expected by residents. The syndicate is thus "the employer", responsible for the safety and health of its employee. Since 2004, the Act respecting labour standards provides that every employee has the right to a work environment free from all forms of psychological harassment. For example, in the event of a dispute caused by a co-owner who exerts regular pressure on the concierge or the doorman, the syndicate must take the necessary measures. If the emplyee files a complaint of harassment, the co-ownership may be held liable for the actions of one of its members.
<![CDATA[Permission for children to play in common portions of the co-ownership]]>

I am a co-owner in a co-ownership in phases of 10 syndicates of co-owners who share a grassy lot in common part. Until the arrival of young children in the condos the space was not very busy. Currently it is the regular meeting place for children and their parents (end of the day during the week and weekends depending on the temperature). The temporary installation of inflatable games and water games (stored after each use) attracts several children from the neighborhood and consequently increases the noise level. Many homeowners who live nearby complain about the noise and use of this space. In our declaration of co-ownership, it is mentioned that the tranquility of all co-owners must be respected.

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2022-07-24T09:15:00+0000 2022-08-07T14:15:48+0000 http://en.condolegal.com/your-rights/questions-answers/3215-permission-children-to play-in-common-portions-of-the-co-ownership I am a co-owner in a co-ownership in phases of 10 syndicates of co-owners who share a grassy lot in common part. Until the arrival of young children in the condos the space was not very busy. Currently it is the regular meeting place for children and their parents (end of the day during the week and weekends depending on the temperature). The temporary installation of inflatable games and water games (stored after each use) attracts several children from the neighborhood and consequently increases the noise level. Many homeowners who live nearby complain about the noise and use of this space. In our declaration of co-ownership, it is mentioned that the tranquility of all co-owners must be respected.
<![CDATA[Quarrelsomeness and abuse of procedure in divided co-ownership: what about it?]]> Life in co-ownership is not always a long quiet river. It is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership is not immune to quarrelsome litigants who multiply legal recourses to redress real or fictitious damage. They usually represent themselves alone in court. They show stubbornness and narcissism by systematically trying to have indirectly what cannot be obtained directly.These righters seek to harm others by abusing their right to go to court.

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2022-05-16T09:51:00+0000 2022-10-29T18:49:30+0000 http://en.condolegal.com/your-rights/factsheets/3205-quarrelsomeness-abuse-procedure-divided-co-ownership Life in co-ownership is not always a long quiet river. It is like a micro-society where disputes are omnipresent. Many conflicts are neighborhood quarrels, which are usually settled with civility. However, it happens that some disputes are fueled by co-owners thirsty for justice who will want to assert their rights in court at all costs. This is why divided co-ownership is not immune to quarrelsome litigants who multiply legal recourses to redress real or fictitious damage. They usually represent themselves alone in court. They show stubbornness and narcissism by systematically trying to have indirectly what cannot be obtained directly.These righters seek to harm others by abusing their right to go to court.
<![CDATA[Surfside: 997 million $ for victims of condo tower collapse]]> 8-copropriete-condoMay 14, 2022 — On the night of June 24, 2021, a high-rise apartment building, located on the northern edge of Miami Beach, partially collapsed. This tragedy, which claimed nearly 100 victims, aroused fear and horror. The destruction of Champlain Towers South, a 12-storey tower built in 1981 and held in divided co-ownership, led to a class action lawsuit involving several defendants, including the developer and contractors of a nearby construction project. According to the plaintiffs, the construction of another condo tower in 2016 generated vibrations and contributed to the collapse of the building by destabilizing its foundations. Other defendants included building professionals (architects and engineers) who had been hired by the co-property, as well as the town of Surfside itself.

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2022-05-14T11:55:00+0000 2022-06-02T23:58:03+0000 http://en.condolegal.com/insurance/news/3203-Surfside-997-millions-for-victims-of-condo-tower-collapse May 14, 2022 — On the night of June 24, 2021, a high-rise apartment building, located on the northern edge of Miami Beach, partially collapsed. This tragedy, which claimed nearly 100 victims, aroused fear and horror. The destruction of Champlain Towers South, a 12-storey tower built in 1981 and held in divided co-ownership, led to a class action lawsuit involving several defendants, including the developer and contractors of a nearby construction project. According to the plaintiffs, the construction of another condo tower in 2016 generated vibrations and contributed to the collapse of the building by destabilizing its foundations. Other defendants included building professionals (architects and engineers) who had been hired by the co-property, as well as the town of Surfside itself.
<![CDATA[Awarding a construction contract : be careful!]]> May 3, 2022- The duty of maintenance and conservation of the building that falls to the administrators of a co-ownership involves one day doing business with construction contractors. Whether it is to replace the roof, renovate the entrance hall or repair brick siding and masonry, it is important to be vigilant when awarding such contracts, given their often very high costs.

As agents of the syndicate, directors must act with caution, in order to protect the interests of the community of co-owners. This translates into various rules that should be followed, especially when the work is important:

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2022-05-03T09:00:00+0000 2022-10-02T21:31:30+0000 http://en.condolegal.com/work/chronicles/richard-lecouffe/1466-awarding-construction-contract-be-careful May 3, 2022- The duty of maintenance and conservation of the building that falls to the administrators of a co-ownership involves one day doing business with construction contractors. Whether it is to replace the roof, renovate the entrance hall or repair brick siding and masonry, it is important to be vigilant when awarding such contracts, given their often very high costs. As agents of the syndicate, directors must act with caution, in order to protect the interests of the community of co-owners. This translates into various rules that should be followed, especially when the work is important:
<![CDATA[Maintenance, renovation or construction contracts in co-ownership]]> To maintain the common portions of the co-ownership and ensure the preservation of the immovable, it is necessary for the syndicate to subscribe to a certain number of maintenance or construction contracts. As the representative of the syndicate of co-owners, it is the board of directors that generally has the power to subscribe to all the contracts of the co-ownership. To manage costs and determine the obligations of each, it is essential for directors to distinguish the main types of contracts. This fact sheet provides an update on the most common contracts in this area, namely the lump sum contract, the cost-plus contract and the flat-rate unit price contract.

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2022-05-02T12:31:00+0000 2022-08-26T18:00:03+0000 http://en.condolegal.com/work/factsheets/3202-maintenance,-renovation-construction-contracts-co-ownership To maintain the common portions of the co-ownership and ensure the preservation of the immovable, it is necessary for the syndicate to subscribe to a certain number of maintenance or construction contracts. As the representative of the syndicate of co-owners, it is the board of directors that generally has the power to subscribe to all the contracts of the co-ownership. To manage costs and determine the obligations of each, it is essential for directors to distinguish the main types of contracts. This fact sheet provides an update on the most common contracts in this area, namely the lump sum contract, the cost-plus contract and the flat-rate unit price contract.
<![CDATA[The management of the vote in a meeting of co-owners]]>

Question: In a recently held general assembly, the chairman handed out post-it notes and asked the owners to write their unit number along with 5 members of their choice to the board of directors. ( CA comprises 5 members). This is the first time I've seen anything like this happen. Usually, the owners will vote only for those candidates they consider suitable to hold a position on the board, whether they may be one or whatever number up to 5. But not necessarily 5 in this case. is the chairman's action acceptable? If not, can we ask for a new vote be taken by secret ballot.

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2022-04-28T23:00:00+0000 2022-09-20T09:13:38+0000 http://en.condolegal.com/syndicate/questions-answers/3201-management-of-the-vote-in-a-meeting-of-co-owners Question: In a recently held general assembly, the chairman handed out post-it notes and asked the owners to write their unit number along with 5 members of their choice to the board of directors. ( CA comprises 5 members). This is the first time I've seen anything like this happen. Usually, the owners will vote only for those candidates they consider suitable to hold a position on the board, whether they may be one or whatever number up to 5. But not necessarily 5 in this case. is the chairman's action acceptable? If not, can we ask for a new vote be taken by secret ballot.