Papineau Avocats Inc.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.


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.


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.


Follow us on Facebook.

What's new ?

  • During the symposium « Les finances de votre copropriété »

    organized by the RGCQ on saturday November 10th, Mᵉ  Papineau will give a conference. Click here for more info or to sign up.

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

    A new book by Me Papineau, now available in bookstores or online.

  • "Aspects légaux de la gestion de copropriétés"

    course given by Me Abud at the CÉGEP de St-Laurent this fall.

  • Condo management program - École des Sciences de la Gestion de l'Uqam

    Next fall, Me Papineau will give part of the program 2nd legal module.

  • Not to miss during the yearly symposium on co-ownership:

    the "Procédure et fonctionnement des assemblées" lecture, on saturday November 3rd 2018 (7h30 - 12h30) at theChâteau Royal, in Laval. Details and online registering.  

  • Now available in bookstores

    A new edition of the "Guide de procédure et de fonctionnement des assemblées des copropriétaires"

  • Continuing education for members of the Quebec Bar

    From 8h30 to 16h00, Friday november 9th 2018 at the Palais des congrès de Mtl, a seminar on recent developments in divided co-ownership law (2018). Details


  • 4 Questions à Mᵉ Papineau sur le cannabis à domicile

    By Laurent Soumis, Journal l'Itinéraire (August 2018) Si la consommation de cannabis risque de créer...

    Read More ...

  • Projet de loi 150 : la limitation de la subrogation pour les assureurs est contradictoire

    By Andrea Lubeck, à Le Journal de l'assurance (13 Avril 2018) La limitation de la subrogation de...

    Read More ...

  • 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...

    Read More ...

  • 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....

    Read More ...


  • Fumer du cannabis dans son condo : une réglementation à géométrie variable

    With the forthcoming legalization of cannabis on October 17, 2018, this Radio-Canada french report in...

    Read More ...

  • Cannabis: « Pas dans mon condo »

    Just before the date of legalization of cannabis, October 17, 2018, this Radio-Canada interview in...

    Read More ...

  • Hidden defects

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

    Read More ...