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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 ?

  • "Aspects légaux de la gestion de copropriétés"

    beginning of this course given by Me Abud at the CÉGEP de St-Laurent, on Thursday, August 9th 2018

  • 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

  • Les nouveaux modes d’occupation en copropriété en France et au Québec

    Mᵉ Papineau gives this conference on October 12th and 13th in Lyon (France) with the Chambre nationale des experts en copropriété. Download the program.

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

    « Gestionnaire de condo » , a new book in the series all you need to know. Publication in August 2018.

Articles

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

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  • 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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Videos

  • Hidden defects

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

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  • La Facture: Condos without structure plans

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