Papineau Avocats Inc.

Answers to your questions and efficient counseling in order to solve or prevent your legal problems.

Papineau Avocats Inc.

Shorten co-owners' meetings

by Mᵉ Yves Papineau, PAPINEAU AVOCATS Inc.

THE VOTE TAKEN TO RATIFY ACTS OF DIRECTORS

Nowadays, a vote ratifying all the acts of the directors for the previous year is often included on the agenda of the meeting.  How could the co-owners attending the meeting ratify those acts without any adequate knowledge?

A director cannot deny its responsibility for a damage he caused to a co-owner on the basis of a vote in a meeting.  Even if the assembly knows about the wrong doing, is it possible to clear a director of its responsibility towards a co-owner by taking a vote of whatever majority? The answer to this question is obviously no.  Then this vote has no valid reason to exist and should not appear on the agenda.

THE VOTE FOR THE ADOPTION OF FINANCIAL STATEMENTS

Another widespread practice in co-owners' meetings consists in taking a vote to adopt the financial statements.  Such an adoption process is unnecessary and unfounded. From the beginning, an expert accountant has prepared the financial statements according to the syndicate of co-ownership documents: bills, checks, deposits, etc...  Some of those financial statements were even verified by a chartered accountant who made sure that all documents were legitimate and done in conformity.  This verification process leads to the confection of audited financial statements.

How could the co-owners attending the meeting decide to adopt or reject an expert report, especially one like an audited financial statement? Could they reject an audited financial statement depicting the exact reality of their co-ownership? Once again, the answer to those two questions is obviously no.  It's unnecessary to list such a vote on the agenda, even if presenting the financial statements is mandatory and even if the financial statements must be sent along with the notice calling the annual general meeting.(art. 1087 C.c.Q.).

The presentation of the financial statements is not an occasion to challenge the relevance of the expenses either.  The financial statements must be presented, but without any kind of vote, since a vote would bear no real utility.

 

What's new ?

  • Bibliothèque de Brossard

    On Wednesday January 24th, 2018 at 7 pm,  on the theme of what life looks like in a condo, Me Papineau will host one of the « Belles Soirées » of the Brossard Georgette Lepage library (in french).

  • L'Assemblée Générale Annuelle

    On February 17 and March 10 2018, during the workshops organized by the RGCQ, two days devoted to the AGA of the co-owners. Mᵉ Papineau will be hosting the 10th of March.

  • Grande journée de la copropriété

    Saturday April 14 2018 from 8:30 am to 4:00 pm, Mᵉ Papineau will give a lecture at Laval University in Quebec City for la Grande journée de la copropriété.

  • Administrateur de condo, tout ce qu'il faut savoir

    A 2017 revised and updated edition of this book published in 2012 by Mᵉ Papineau is now available at Wilson & Lafleur.  

Articles

  • Une garantie qui laisse place à l'interprétation

    By Yvan Lamontagne, at La facture(February 21st 2017) The video of this La Facture broadcast is...

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  • The notice of a legal hypothec from a syndicate of co-owners

    by Mᵉ Maxime Laflamme, Papineau Avocats Inc. A co-owner fails to pay his common expenses dues....

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  • Colloque franco-québécois sur la copropriété (sept. 2016)

    C’est à l’hôtel St-James à Montréal que s’est déroulé les 29 et 30 septembre dernier le colloque...

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  • Copropriété: un secteur aux débouchés intéressants

    by Philippe Samson, le Journal - Barreau du Québec, october 2016 Dans un contexte où l’emploi dans le...

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Videos

  • Hidden defects

    "Les Éclaireurs" radio broadcast with Mᵉ Serge Abud. Every buyer fears that his new house has mold...

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  • AirBnB: verify the declaration of co-ownership

    Mᵉ Serge Abud of Papineau Avocats Inc. explains the legal consequences of renting your apartment...

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  • La Facture: Condos without structure plans

    7155 ave. M.B. Jodoin Anjou (Qc). Mᵉ Papineau is participating as an expert. (± 17 min)...

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