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.
Question: The board of directors wishes to vote on a by-law to limit the number of swimmers at the pool and to prohibit the presence of dogs in the building. Could we implement it immediately? It goes without saying that this by-law will be voted on at our next annual meeting of co-owners.
Question: Article 1088 of the Civil Code of Quebec provides that any co-owner may request the board of directors to include any other matter on the agenda within 5 days of receipt of the notice of meeting of the co-owners.
Are these 5 days working days or just 5 consecutive days?
If I receive the convocation on Friday, is the 5th day Tuesday or Thursday (because Saturday and Sunday do not count).
Question: According to article 352 of the Civil Code of Quebec, the co-owners, if they represent 10% of the votes, may require the directors or the secretary to call an annual or special meeting by specifying, in a written notice, the matters to be dealt with therein. However, our declaration of co-ownership indicates that to request such a convocation, it is necessary to obtain 20% of the votes. Does our declaration of co-ownership take precedence over the provisions of the Civil Code of Quebec?
Question: The syndicate's board of directors made the decision to cut down a tree at the entrance of the property. It was a very old apple tree. It was unpleasant for many people to know that we were constantly walking in the debris of cheekbones that fell on the ground, on the sidewalk or in the parking lot. Finally these apples ended up making a fermentation (very unpleasant smell). Now a co-owner is reproaching for not having voted on this decision at the meeting of co-owners. Is he right?
Question: Can a meeting of co-owners take a regular decision despite the abstention of many co-owners present? How should these absentees be dealt with (a vote for or against)? And what about non-voting on a decision of the members of the board of directors?
Answer: Abstaining is a matter of concern in any democracy. Co-ownership is no exception to this reality. This question concerns both directors and co-owners: what about the scope of an abstention during a vote? However, the consequences are different, depending on whether it is the meeting of the co-owners or of the board of directors. In a meeting of co-owners, abstentionist co-owners are counted with the votes against, while for a meeting of the board of directors, non-voting directors are not taken into account (they have not "expressed themselves").
For the respect and tranquility of all the occupants of our building, we wish to ban dogs.
Question: Are we entitled to do so?
Answer: There is no legislation in Quebec that formally prevents a syndicate of co-owners from including in the declaration of co-ownership a clause prohibiting the possession of a dog in the building. It is one thing to prohibit such an animal inside the private portion of a co-ownership. But it is still necessary that this prohibition is consistent with the destination of the immovable.
The meeting of the co-owners was registered with the permission of the co-owners.
Questions: As a co-owner, do I have the right to get a copy of the registration? Could the syndicate refuse me that? If so, why?
Question: Are the co-owners of a vertical co-ownership considered undivided in the horizontal condominium? And if so, what would be the impact on representativeness at the general meeting of the horizontal condominium (AGM)? For example, could a few co-owners of a vertical condominium act for all the co-owners without having previously held proxies as for the undivided co-owners of a condo during the vertical condominium AGM?
Question: Our co-ownership has 6 apartments. I am on the board of directors, which is made up of three directors. Having been unable to attend a board meeting, I gave a power of attorney to my neighbour. The two members of the Board of Directors denied this person the right to participate in the meeting. Is it legal?