Papineau Avocats Inc.

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Papineau Avocats Inc.

Votation at the general meeting of the co-owners

by Mᵉ Serge Abud, PAPINEAU AVOCATS Inc.

Relative or absolute majority?

The general rule (article 1096 CcQ) is that the decisions of the syndicate are taken by a majority of the co-owners present or represented at the meeting, with the exception of special majorities stipulated in articles 1097 and 1098 of the Civil Code of Quebec.

Knowing that each co-owner is entitled to a number of votes proportionate to the relative value of his fraction, it should be understood that it is not the number of persons present that is taken into account, but the total of the votes expressed by the co-owners. So we have to be careful whenever a vote is taken by a show of hands. In some cases a detailed account is necessary, for example when a vote appears too tight or if someone holds an important number of votes or has many proxys. This could be done by calling out the votes or by a written votation.

The majority of votes of the co-owners shall include those who abstained to vote as well as those whose ballot paper was rejected.

A decision is therefore legally valid only if approved by fifty percent plus one of the votes of the co-owners present or represented at the meeting. Make no mistake about it: the majority of the co-owners or the greatest number of votes expressed are not the same thing as fifty percent plus one of the votes of the co-owners present or represented at the meeting.

This distinction is very important to make in order to ensure that the decisions taken during the general meeting are lawful.

 

What's new ?

  • A guarantee giving way to interpretation

    Look at the article from  February 21st 2017 broadcast of La Facture. Mᵉ  Papineau gives his expert opinion on the subject.

  • 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.  

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

    See the article from the 2016 november edition of Le Journal du Barreau Du Québec.

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...

    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 ...

  • 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...

    Read More ...

  • Copropriété: un secteur aux débouchés intéressants

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

    Read More ...

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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