The notice calling the annual general meeting of the co-owners
By: Mᵉ Yves Papineau, PAPINEAU AVOCATS Inc.
The notice calling the annual general meeting of the co-owners shall be delivered to all the co-owners by means assuring its reception. This notice cannot solely be posted in the common portions like the hall or an elevator. It cannot only be left at the apartment door either.
The simplest and cheapest manner is to hand it directly to each co-owner and to have them sign a record of transmission. The notice could also be sent by registered mail or through a messenger service. It could be e-mailed, as long as it is possible for the recipient to confirm its reception.
The proof of delivery prevents eventual complaints against the syndicate of co-ownership that it failed to notify co-owners of the meeting.
That's why it is very important to use means of transmission providing proof of reception. In this matter, the burden of proof belongs to the syndicate, not to the co-owners.
A co-owner who was not invited to the meeting and therefore could not participate, could object to decisions made during this meeting. This would certainly result in additional expenses for the syndicate, much more expenses than those needed for a notice transmitted in a proper way.
Finally, the notice shall be adressed personnally to the co-owner, not to the resident or the spouse.