Prerequisites to chair a meeting
by Mᵉ Yves Papineau, PAPINEAU AVOCATS inc.
Before considering attendingto any co-owners' meeting, the chairman should have participated in the drafting of documents to be sent to the co-owners, namely the meeting notice, the agenda, regulations draft and any other document provided by law or by the declaration.
Thus, the chairman will be able to ensure that laws and regulations requirements have been met and that the meeting will not be convened unnecessarily.
One must check the declaration of co-ownership before accepting a presidency, particularly to make sure of his own eligibility. Some declarations may provide that the chairman must be a co-owner himself .
The president should bring a copy of the declaration of co-ownsership and its amendments in order to refer to it when needed.
If he has not participated in the preparation of the meeting, he should read the notice, the agenda and all other relevant documents, to ensure the smooth running of the meeting.
It seems beneficial to the syndicate and to all co-owners that the chairman holds sufficient legal knowledge for the exercise of his office. This in order to avoid procedures requesting assembly cancellation or under the provisions of Article 1103 of the Civil Code of Québec on certain decisions of the meeting.
The President must know the rules of conduct and procedures specific to the co-ownership meetings and will not rely on different assembly code like the Code Morin, which is not conform to the law and regulations regarding co-ownership matters.
In addition, a meeting chairman should ensure that all persons attendingspeak respectfully, in order and within a reasonable time. This mainly to prevent some owners to leave the premises because of undue orvoluntary delays. He must also ensure that the quorum is maintained at all times.
The meeting chairman should also make sure that all co-ownershave a real chance to express themselves, given that the meeting is almost the only opportunity for them to ask questions to the directors or other persons invited by the Board.