Mail-in Voting in Quebec Co-ownership: Is It Permitted?

“Mail-in voting” is attracting increasing interest from co-owners and boards of directors. Can you vote by mail or submit a form in advance at an annual general meeting (AGM) in a divided co-ownership in Quebec? The short answer: this is not a default method under the Civil Code of Quebec and requires precise rules in your declaration of co-ownership (DCV) or in a well-drafted meeting by-law. Updated as at 2026-07-28.

In this guide, you will learn what the law says (C.c.Q.), the differences between a proxy, live electronic voting and mail-in voting, the risks to avoid, and a step-by-step process for deciding what is right for your syndicate.

What the Civil Code and your DCV say

• The Civil Code of Quebec governs meetings of co-owners, notices of meeting, quorum and the required majorities (arts. 1084 to 1108 C.c.Q.). Decisions are made by co-owners who are “present or represented.” This refers to attending the meeting (in person or by a permitted means) and being represented by proxy, not to submitting a written vote in advance.
• A proxy remains the mechanism expressly recognized for a co-owner to authorize a third party to vote at the AGM, if necessary after hearing the discussions and amendments.
• Remote participation (videoconferencing or a platform) is possible if your DCV or a by-law adopted by the required majority allows it, provided everyone can communicate with one another in real time. Voting then takes place “during” the meeting, not beforehand.
• Mail-in voting (a written form sent before the AGM) is not provided for by default in the C.c.Q. It can be considered only if your DCV or an internal by-law sets out robust procedures: identity verification, respect for voting secrecy where required, handling amendments, preservation of evidence and recourse in the event of an irregularity.

Useful references (LégisQuébec):

• Participation, notices of meeting, quorum and voting: art. 1084 and following of the C.c.Q. (art. 1084 C.c.Q.)
• Meeting rules and majorities: (art. 1102 C.c.Q., art. 1108 C.c.Q.)
• Representation by proxy: (art. 1096 C.c.Q.)

For best practices specific to syndicates, also see the RGCQ (Regroupement des gestionnaires et copropriétaires du Québec).

Mail-in voting, proxies or live electronic voting: understanding the difference

Here is what the board of directors and condominium manager need to know.

• Mail-in voting (written before the AGM)
  • Principle: the co-owner submits a written ballot (by mail or digitally) before the meeting.
  • Issue: the wording of resolutions may be amended during the AGM; a vote cast in advance may no longer apply to the same proposal.
  • Status: only if governed by the DCV or a meeting by-law that provides clear safeguards.
• Proxy
  • Principle: you authorize a person who attends the AGM (in person or by videoconference) and votes on your behalf after hearing the discussions and amendments.
  • Status: expressly recognized under the C.c.Q. and generally provided for in the DCV.
• Live electronic voting (virtual or hybrid meeting)
  • Principle: co-owners participate in real time through a platform that allows for identification, voting and equitable access to speak.
  • Status: possible if your DCV or meeting by-law authorizes it and everyone can communicate simultaneously.

To make any remote option more secure, a structured meeting by-law and a reliable platform are essential. The RGCQ provides governance guidance; see its resources. For the legal requirements, refer to the C.c.Q. on LégisQuébec.

Governing mail-in voting: if you adopt it

If your syndicate wishes to allow mail-in voting, proceed methodically to reduce the risk of challenges.

1. Check the DCV and the by-laws of the immovable
   • Confirm whether your DCV authorizes voting methods other than attendance or a proxy. Some DCVs require a higher majority to amend meeting rules.
   • If necessary, prepare a draft meeting by-law specifying the technological means, identification procedures and voting secrecy requirements.
2. Set clear forms and deadlines
   • One ballot per resolution, identifying the version “published” with the notice of meeting. State that any substantial amendment made at the meeting may invalidate a ballot already submitted.
   • Specify the deadline date and time for receipt, the channel (mail, secure drop-off or portal), and who will act as scrutineer.
3. Provide for identity, secrecy and retention
   • Authentication procedure: handwritten signature plus a copy of identification, or a reliable electronic signature.
   • Voting secrecy: double envelopes or encryption; disclosure only when the vote takes place.
   • Retention: confidential records kept with the minutes for the statutory period and verification needs.
4. Handle amendments at the AGM
   • If a resolution is amended, ballots received in advance must be set aside unless a mechanism allows the co-owner to update their choice in real time (e.g., live remote connection).
   • State this rule in the notice of meeting and repeat it at the opening of the meeting.
5. Provide for recourse and disputed cases
   • Illegible, duplicate, late or non-compliant ballots: specify how they will be handled.
   • Record in the minutes the number of admissible and rejected ballots and the reasons for rejection.

Useful resources:

• Meetings, quorum and voting: C.c.Q. art. 1102, art. 1108.
• Best practices in co-ownership: RGCQ.

Common legal risks (and how to avoid them)

• Amendments during the AGM
  • Risk: a vote “frozen” by mail no longer reflects the resolution as adopted.
  • Prevention: automatically invalidate these ballots if the resolution changes, and offer a proxy or remote participation.
• Disputed quorum and majorities
  • Risk: counting ballots received in advance as “present” may distort the quorum calculation.
  • Prevention: distinguish attendance/representation (proxies) from mail-in votes; do not include advance ballots in the quorum if the DCV does not expressly provide for this. See C.c.Q. art. 1084.
• Voting secrecy not respected
  • Risk: certain decisions require a secret ballot; inadequate procedures may result in nullity.
  • Prevention: double envelopes, sealed ballot boxes or a certified electronic solution for live secret ballots.
• Insufficient chain of custody and evidence
  • Risk: challenges regarding the integrity of ballots received by mail or email.
  • Prevention: intake register, two scrutineers, sealing and detailed recording in the minutes.
• Inadequate information for co-owners
  • Risk: an incomplete notice of meeting (missing procedures, deadlines and invalidation rules) exposes the syndicate to challenges.
  • Prevention: a clear notice template, an explanation of the consequences of an amendment and contact information for technical support.

For a reminder of the board of directors’ powers and responsibilities regarding meetings, see the C.c.Q. and the RGCQ’s guides at RGCQ. If in doubt, consult a legal professional.

Recommended procedure for your next AGM

1. Choose the primary option: proxies and/or live virtual participation

   The option most consistent with the C.c.Q. remains attendance (in person or by videoconference) with proxies. Mail-in voting should remain the exception and be properly governed.

2. Update your rules

   Draft a meeting by-law addressing identification, voting secrecy, quorum calculations, scrutineers and the retention of evidence.

   Submit it to the AGM with the majority required under your DCV. If mail-in voting is adopted, expressly state its scope.

3. Prepare the logistics and templates

   Notice of meeting: precise agenda, wording of resolutions, voting procedures, deadlines, proxy templates and, where applicable, a mail-in ballot.

   Virtual meeting platform (if applicable): technical test, registration procedure and support for co-owners.

4. Hold the meeting and document it

   Verify quorum under the DCV. Count as “present” only identified co-owners or their representatives.

   Announce the rules for mail-in ballots before the first vote. Appoint two scrutineers.

   Record in the minutes the number of co-owners present and represented, the ballots received and rejected, and the result by value and by number of votes, where necessary.

5. After the AGM

   Keep the records on file (ballots, proxies and scrutineers’ reports) for the required period.

   Send out the minutes within the usual deadlines and update the meeting by-law for the following year, if necessary.

For administrative support (notices of meeting, minutes and voting management), see our management services: administrative management, financial management and operations management. Visit our blog for practical guides, and learn more about us.

FAQ

• Can mail-in voting be imposed on all co-owners?

  No. Unless it is clearly authorized in the DCV or in a by-law adopted by the required majority, you must favour attendance (in person or virtually) and proxies. Even where it is permitted, always offer equitable alternatives.

• Can a co-owner abroad vote?

  Yes, by proxy or through live virtual participation if your DCV allows it. Mail-in voting is possible only if your rules govern it and address amendment and identification issues.

• What must be kept on file to avoid challenges?

  The notice of meeting, attendance list, proxies, received and rejected mail-in ballots, the scrutineers’ report and the complete minutes. Traceability is key.

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

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