Papineau Avocats Inc.

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Papineau Avocats Inc.

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.

 

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)...

    Read More ...