{"id":9623,"date":"2023-01-20T10:51:50","date_gmt":"2023-01-20T15:51:50","guid":{"rendered":"https:\/\/www.djclegal.com\/?p=9623"},"modified":"2023-01-20T10:54:31","modified_gmt":"2023-01-20T15:54:31","slug":"meeting-of-co-owners","status":"publish","type":"post","link":"https:\/\/www.djclegal.com\/en\/meeting-of-co-owners\/","title":{"rendered":"Meeting of co-owners"},"content":{"rendered":"\t\t
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The co-owners' meeting:\nThe annual meeting in co-ownership<\/h1>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Who can convene the meeting of co-owners?<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The meeting of co-owners<\/strong> is convened by the board of directors at least once a year or at any time if there is a need. The meeting of the co-owners may also be requested by co-owners if they represent 10% of the votes of the whole co-ownership [1]<\/strong> or if they represent a different majority as provided for in the declaration of co-ownership.\u00a0 In the latter case, the board of directors will then have 21 days to convene the said meeting of co-owners.\u00a0 Failing this, the signatories of the request may convene the meeting themselves at the expense of the syndicate of co-ownership.<\/p>\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Who is convened to this annual meeting?\n<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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When a meeting of co-owners is convened, it is mandatory to convene all the co-owners. Thus, if there are several co-owners per unit, they must all be convened. In certain exceptional cases, certain hypothecary creditors must also be convened if they have specifically notified the syndicate of co-ownership. The mandataries for whom the syndicate has received a mandate in due form, whether it be a general mandate or a mandate concerning the capacity of the person, must also be summoned.<\/p>\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What are the deadlines for holding a meeting?<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The annual meeting of co-owners must be held within the delays set out in the declaration of co-ownership. If it is a special meeting, it may be held at any time during the year. It should be noted, however, that failure to hold the meeting within the delays and\/or on the dates set out in the declaration of co-ownership does not appear to be sanctioned by law. Every declaration of co-ownership provides for a period between the convening and holding of the meeting of co-owners which must be respected. This notice is at least ten days but may be, in certain declarations, increased to 15 days prior to the date set for the holding of the meeting of co-owners. At no time may a meeting of co-owners be called more than 45 days before the date of the meeting. Subject to the rules specific to the virtual platform meeting of co-owners discussed below, the meeting is held in the city or at the location set out in the declaration of co-ownership.<\/p>\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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What is a notice to attend the meeting? What information must it contain?<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The notice is given by sending documents to the persons listed above in the section “Who is convened”. The notice to attend the meeting <\/strong><\/a>is the letter inviting the co-owners on a fixed date to hold a meeting of co-owners. It must be accompanied by the balance sheet of the co-ownership, the statement of income for the past fiscal year, the statement of debts and receivables, the provisional budget, any proposed amendments to the declaration of co-ownership and\/or the by-laws of the immovable and a note on the essential terms and conditions of any proposed contract and any proposed work.<\/p>\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t

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Notice to attend the meeting<\/figcaption>\n\t\t\t\t\t\t\t\t\t\t<\/figure>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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Thus, on an annual basis, the minimum documents that must be sent with the notice to attend the meeting<\/strong> are, if no draft by-laws or amendments to the declaration of co-ownership are submitted to a vote by the general meeting of co-owners.:<\/p>