Quebec Condo Meeting Chair: Roles and Remedies

In a divided co-ownership in Quebec, the co-owners’ meeting is the supreme decision-making body. The meeting chair plays a key role in ensuring an annual general meeting or special meeting is effective, fair and compliant with the declaration of co-ownership and the Civil Code of Quebec. Choosing and properly equipping the chair helps prevent many disputes, challenges and procedural errors.

This article outlines the powers, duties and limits of the meeting chair, as well as the remedies available when things go off track. You will also find best practices for the board of directors and co-owners to obtain clear minutes and valid decisions.

Who is the meeting chair, and how are they appointed?

The meeting chair is not automatically the chair of the board of directors. At the beginning of the meeting, the co-owners elect a meeting chair (and often a secretary and scrutineers) in accordance with the declaration of co-ownership and the usual rules. The person chosen may be a co-owner, a director or even an independent third party if the declaration of co-ownership allows it. The objective is to conduct the meeting neutrally and rigorously.

The appointment is made by motion and vote by a majority of the votes present or represented, after quorum has been verified. The meeting chair accepts the role and undertakes to follow the agenda and the rules of procedure. For the general legal framework, consult the “divided co-ownership” section of the Civil Code of Quebec on LégisQuébec.

• Reference: Civil Code of Quebec – divided co-ownership (LégisQuébec) — https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991

Board chair vs. meeting chair

• Board chair: leads board meetings, oversees the implementation of the board’s decisions and the syndicate’s day-to-day management.
• Meeting chair: leads the co-owners’ meeting (annual general meeting or special meeting), manages the discussions and procedure, but does not decide the substance of matters; they apply the rules so that the meeting can make its decisions.

Can an external chair be appointed?

Yes. Many syndicates choose an independent chair (legal professional, condominium management professional, etc.) when the atmosphere is tense or complex technical issues are on the agenda (contingency fund, major work, maintenance logbook/EUC, amendments to the declaration of co-ownership). Check the declaration of co-ownership for the applicable conditions and review the RGCQ’s best practices.

• Reference: RGCQ — best practices in co-ownership: https://rgcq.org/

Powers of the chair at an annual general meeting and special meeting

The meeting chair has the authority to direct the meeting and maintain order so as to ensure an orderly and fair process.

• Open the meeting, confirm quorum, present the agenda and explain the rules for conducting the meeting (speaking time, order of speakers and voting).
• Ensure that the agenda and order of discussion are followed; rule a question out of order if it is off-topic or contrary to the declaration of co-ownership or the Civil Code of Quebec.
• Manage speaking rights: grant, withdraw or suspend the floor in cases of abuse, while remaining impartial.
• Appoint (or arrange for the election of) the meeting secretary and scrutineers, and ensure that proxies are validated.
• Put resolutions to a vote, specify the applicable majority rule and announce the results.
• Rule on procedural and evidentiary questions relevant to the proper conduct of the meeting (e.g. whether a proxy is admissible or the order in which items will be addressed).
• Temporarily suspend the meeting in the event of a serious incident; adjourn it if necessary when continuing becomes impossible or unfair.

The chair may reword a resolution to clarify its scope, as long as the substance of the motion remains unchanged. They ensure that the minutes accurately reflect the decisions, not the entirety of the discussions.

Managing quorum and votes

• Quorum: The chair has quorum confirmed at the outset and before any significant vote if people coming and going changes attendance. Without quorum, the meeting cannot make decisions, except where the declaration of co-ownership contains specific provisions for a second notice.
• Majority rules: The required majorities differ depending on the subject (routine maintenance, major work, amendments to the constituting act or the by-laws of the immovable). The chair must identify the applicable rule and apply it in accordance with the Civil Code of Quebec.
• Secret ballot: The chair may order or accept one if the co-owners require it, particularly for board elections or sensitive matters.

• Reference: General legal rules — Civil Code of Quebec (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991

Duties, impartiality and limits of the chair

The meeting chair must remain impartial. They facilitate everyone’s participation without favouring one faction. Their procedural decisions must promote fairness, compliance with the declaration of co-ownership and the Civil Code of Quebec, and an efficient meeting. A few key limits:

• No “superior vote”: The chair does not have greater substantive decision-making power than the other co-owners. Their vote carries no greater weight, unless the declaration of co-ownership expressly provides otherwise (e.g. a casting vote in the event of a tie, which must be provided for).
• No arbitrary exclusion: Removing the floor or expelling someone requires a serious reason (serious insult or repeated refusal to follow the rules) and must be proportionate.
• Respect for the right to information: Provide essential explanations on each item, allow reasonable questions and ensure that relevant documents are available (notice of meeting, financial statements, auditor’s report, contingency fund planning, excerpts from the declaration of co-ownership, etc.).
• Compliance of the minutes: The chair ensures, together with the secretary, that the minutes record the decisions, voting results, formal objections and adjournments. The supporting documents (attendance records, proxies and documents submitted to a vote) must be retained by the syndicate.

In the event of an apparent conflict of interest (e.g. the chair is directly affected by a resolution that could benefit them), they should refrain from chairing that item and allow a substitute to chair it temporarily.

• Useful resource: RGCQ practical guides on conducting meetings: https://rgcq.org/

Remedies in cases of abuse, irregularities or misconduct

Even with good preparation, a meeting chair may make procedural errors or exceed their powers. Here are the main steps and remedies to consider:

1. Raise a point of order immediately. Ask to speak “on a procedural matter” and briefly explain the irregularity (e.g. improper refusal to address an item on the agenda or an error in the required majority). The chair must rule on it; their decision may be referred to the meeting for confirmation.
2. Have the objection recorded in the minutes. If the irregularity continues, ask that your formal objection be entered in the minutes, along with the reason given (e.g. failure to comply with a clause of the declaration of co-ownership or loss of quorum before the vote).
3. Request an adjournment or continuation. If the atmosphere or logistics prevent an informed discussion (e.g. essential documents are missing or there is a technical problem at a virtual meeting), request an adjournment and have everything recorded in the minutes.
4. Send a formal notice to the syndicate. After the meeting, send a formal notice demanding that the situation be corrected (cancellation of a vote, a new notice of meeting or disclosure of documents).
5. Legal proceedings. The Civil Code of Quebec allows decisions of a co-owners’ meeting that contravene the law or the declaration of co-ownership, or that are tainted by abuse, to be annulled or amended. The time limits for taking action are short; consult a lawyer promptly and refer to the relevant provisions of the Civil Code of Quebec.
6. Independent chair in the future. In a sensitive situation, the board of directors may recommend, in the next notice of meeting, appointing an experienced external meeting chair.

• For the legal framework: Civil Code of Quebec — divided co-ownership (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991
• For practical guidance: RGCQ (meetings and governance): https://rgcq.org/

Best practices for an effective chair (board and co-owners)

The quality of a meeting depends on its preparation. Here is a set of best practices proven in syndicates we support in the greater Montreal area:

• A clear, structured agenda sent within the legal time limits, with supporting documents (financial statements, budget, contingency fund studies, excerpts from the declaration of co-ownership and a majority table).
• Chair’s script: a short opening statement, reminders about speaking rights, speaking rounds and the voting procedure.
• Roles assigned in advance: secretary, scrutineers, and the person responsible for attendance and proxies.
• Appropriate voting tools: show of hands, secret ballots or a compliant digital solution for a virtual or hybrid meeting.
• Time management: an indicative time limit for each item, priority given to decisions and a structured question period.
• Record-keeping: attendance sheets, a list of proxies, detailed voting results and supporting documents kept with the minutes.
• Post-meeting follow-up: prompt distribution of the approved minutes, the board’s action plan and an implementation schedule (work, calls for funds and professional mandates).

Co-owners should arrive prepared: read the notice of meeting, the declaration of co-ownership, the budget, the recommendations relating to the maintenance logbook (EUC) and the common expenses. Prepare your questions in advance and, if necessary, propose a written and precise resolution.

• General OACIQ resource – understanding divided co-ownership: https://www.oaciq.com/fr/articles/la-copropriete-divise
• For support with administrative management and conducting meetings, discover our services: https://www.multirent.ca/services/#gestion-administrative
• Also consult our article series for more practical advice: https://www.multirent.ca/blogue/

FAQ

Q1. Does the meeting chair have to be the chair of the board of directors?
A. No. The co-owners elect the chair at the beginning of the meeting. Depending on the declaration of co-ownership, the chair may be a director, a co-owner or a third party.

Q2. Can the chair refuse a question?
A. Yes, if they consider it outside the agenda, repetitive or incompatible with the declaration of co-ownership or the Civil Code of Quebec. However, they must allow relevant questions and ensure a fair discussion.

Q3. What should I do if the chair refuses a secret ballot?
A. Raise a point of order and formally propose a secret ballot. The meeting may decide the procedural issue. In the event of abuse, have the objection recorded in the minutes and consider the appropriate remedies.

• To confirm the basic legal principles, refer to the Civil Code of Quebec (LégisQuébec): https://www.legisquebec.gouv.qc.ca/fr/document/ccq-1991

This article provides general information and does not constitute legal advice. Consult a lawyer or notary regarding your situation.

Do you manage a co-ownership in Quebec? Discover our packages or contact us to assess your needs.