Co-ownership · Meetings and decisions
A decision taken at a meeting binds you even if you were not there. Worth knowing how it is taken.
The basic rule
Article 1096: "Decisions of the syndicate, including a decision to amend the by-laws of the immovable or to correct a clerical error in the declaration of co-ownership, are taken by a majority vote of the co-owners present or represented at the meeting."
Two words matter: present or represented. A co-owner who is absent and unrepresented carries no weight in the vote, yet remains bound by the decision.
Votes are not equal
The number of votes attached to each fraction is set by the declaration. In a building where a few units carry high relative value, a handful of owners can steer most ordinary decisions.
Worth knowing before buying, especially in a small building.
What a meeting cannot do
Article 1102: a decision that, contrary to the declaration, changes the relative value of a fraction or the destination of a private portion is without effect.
The annual consultation on expenses
Article 1072: the board fixes the contribution to common expenses each year, but after consultation with the general meeting. Condo fees are therefore not voted by the meeting; it is consulted.
What the minutes reveal
The last three sets of minutes are the most revealing document about a building: work discussed and deferred, recurring tensions, close votes. A buyer who reads them knows what they are joining.
Where this surfaces: the syndicate register
Almost every question above is answered by one source, and it is not the listing. It is the register the syndicate must keep: the declaration of co-ownership, contracts, the cadastral plan, plans and specifications, location certificates, the maintenance log and the contingency fund study.
That is why we request those documents as soon as interest is serious, not after an accepted offer. A problem found before the promise to purchase is negotiated. Found after, it is absorbed.
Three habits before buying a condo
- Read the declaration before the showing sways you. It sets your share of expenses, your votes, and what is allowed.
- Compare the fund study with the fund balance. The gap is your special assessment risk, and it is a number.
- Read the last three sets of minutes. Work deferred year after year always ends up funded by someone. Often the new owner.
Related
Frequently asked
What majority applies to ordinary decisions?
Article 1096 requires a majority of the co-owners present or represented at the meeting.
Am I bound if I am absent?
Yes. The decision is taken by those present or represented and applies to everyone.
Who sets condo fees?
The board of directors each year, after consultation with the general meeting (art. 1072).
Articles quoted from the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), consulted 11 September 2026. This page informs; it is not legal advice. For a specific situation, consult a notary or a lawyer.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.