Secret Condo Vote in Quebec: Rules and Weighted Voting

Secret voting at a co-owners’ meeting (annual general meeting, or AGA) often raises questions, especially when the weighted voting specific to divided co-ownership is added to the mix. Between requests for a secret ballot, proxies and calculating votes according to the relative value of each fraction, you need a sound method to remain compliant.

In this article, we explain when and how to hold a secret vote, how to apply weighted voting in Quebec, and which best practices to adopt to limit the risk of challenges. You will find practical guidance drawn from the Civil Code of Quebec and recognized practices in the co-ownership sector.

Understanding secret voting and weighted voting in Quebec

• Secret vote: each co-owner’s choice remains confidential. Ballots or a digital tool that anonymizes responses are used. Scrutineers who are independent conduct the count.
• Weighted vote: each co-owner’s vote is calculated according to the relative value of their fraction, as indicated in the declaration of co-ownership (DCV) and the certificate of value. In other words, percentages or thousandths are added up—not simply the number of people.

By default, decisions of the meeting are made in accordance with the provisions on divided co-ownership in the Civil Code of Quebec (see the Civil Code of Quebec on LégisQuébec). The majorities required vary depending on the decision. Weighting derives from the value of your fraction and does not depend on the number of people in your condo.

• Reference: Civil Code of Quebec, provisions on divided co-ownership, LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991
• Practical resources: RGCQ – Co-ownership meetings and governance: https://rgcq.org/ressources/

Your by-laws of the immovable may specify the logistics (e.g., scrutineers, ballot formats and procedures), but they cannot contradict the mandatory rules of the Civil Code. In the event of a discrepancy, the law prevails.

When is a secret vote mandatory at an AGA?

A secret ballot may be:

• Required by the declaration of co-ownership or the by-laws of the immovable for certain matters (e.g., the election of directors of the board of directors).
• Requested by the meeting if a co-owner proposes a secret vote and the meeting accepts it by the majority required for the procedure.
• Proposed by the chair of the meeting to preserve peace and confidentiality on sensitive matters (conflicts, removal from office, sanctions provided for in the declaration of co-ownership, etc.).

A few practical guidelines:

• Election of the board of directors: often conducted by secret ballot because the vote is for individuals. The declaration of co-ownership or a meeting resolution may impose this systematically.
• Sensitive decisions: a secret vote limits social pressure and encourages people to express themselves freely.
• Technical votes (approval of the budget, financial statements and contingency fund): generally conducted by a show of hands, unless the meeting decides otherwise.

To avoid procedural debates, state in the notice of meeting whether certain items will be submitted to a secret ballot under your declaration of co-ownership. RGCQ publishes useful guidance on preparing an AGA and conducting votes: https://rgcq.org/ressources/

How to organize a compliant secret ballot (in person and virtual)

A clear, repeatable and documented method remains your best protection in the event of a challenge.

1) Before the AGA: preparation

• Attendance list: update the register of co-owners, fractions and addresses. Pre-validate the proxies received.
• Materials: prepare anonymous ballots, a sealed ballot box, envelopes and a control sheet for the scrutineers. For virtual meetings, choose a tool that supports secret voting and weighted voting.
• Roles: appoint the chair of the meeting, the secretary and at least two neutral scrutineers. Announce their roles at the beginning of the AGA.

2) During the vote: distribution and confidentiality

• In person: provide one ballot per represented fraction, after validating identity and the proxy. No personal identifying mark should appear on the ballot.
• Virtual or hybrid: use a platform that hides individual choices from the organizer and other participants while correctly calculating the weighting of votes.

3) Counting and weighting

• The scrutineers count the ballots separately and total the “for” and “against” votes by applying the weighting associated with each fraction.
• If a question arises (an unusable ballot or an alteration), the scrutineers decide consistently and explain the method.

4) Announcement and recording in the minutes

• The chair announces the weighted result (e.g., for 62.35%, against 37.65%) and indicates whether the required majority was reached based on the nature of the decision.
• In the minutes, record the fact that the vote was secret, the scrutineers, the counting method, the weighted result and any recorded objection.

5) Retention of documents

• Keep the ballots and counting sheets sealed with the AGA documents so that you can respond to an internal review or a potential challenge.

Need an AGA template, an agenda or support with secretarial work and the minutes? See our administrative management services: https://www.multirent.ca/services/#gestion-administrative

Weighted voting, proxies and quorum verification

Weighting is based on the relative value of each fraction, as recorded in the declaration of co-ownership. A few concrete principles to apply on the evening of the AGA:

• Calculation by fraction: each fraction has a percentage (or thousandths). During the count, add the percentages for “for” and “against.”
• Co-owners in undivided ownership: if the same fraction belongs to several people, their vote is exercised in accordance with the declaration of co-ownership or an agreement between them. Only one final position per fraction is counted.
• Proxies: validate the identity of the proxyholder and the scope of the mandate. A clear proxy makes counting easier and protects the meeting. RGCQ offers useful resources on proxies and AGAs: https://rgcq.org/ressources/
• Quorum: check it at the opening and again after a meeting is suspended, especially if participants leave. Quorum is based on the weighting represented, not solely on the number of people present.

As for evidence, the attendance sheet should indicate for each fraction: the holder, the weighting, attendance or representation by proxy, and identity validation. This will make it possible to explain a majority calculation in the event of a challenge. For the legal foundations, refer to the Civil Code of Quebec on LégisQuébec: https://www.legisquebec.gouv.qc.ca/fr/document/cs/CCQ-1991

If you hold an AGA remotely, make sure your tool:

• Allows secret votes to remain anonymous.
• Applies the weighting correctly.
• Exports a report for the minutes without disclosing individual choices.

For additional guidance on governance and holding meetings, consult the index of our blog: https://www.multirent.ca/blogue/

Common mistakes and how to avoid them

• Counting heads instead of percentages: in divided co-ownership, the rule is weighted voting based on the relative value of the fraction, subject to any exception provided for by law.
• Forgetting to validate proxies: an unclear or invalid proxy can undermine the result. Establish a clear format and a validation point at check-in.
• Revealing voters’ identities: a secret ballot prohibits any mark that could identify a voter. Do not use ballots signed or individually numbered.
• Using a “show of hands” poll in the chat: in a virtual setting, a tool without anonymity or weighting is unsuitable for a secret vote.
• Neglecting the minutes: if the minutes do not indicate that a vote was secret, the counting method and the weighted results, the evidence becomes more difficult to establish in the event of a dispute.
• Confusing the majorities: certain decisions require specific majorities. Confirm the applicable thresholds in the Civil Code of Quebec and your declaration of co-ownership before the AGA.

To clarify your meeting notice, voting and minutes processes, also see our service offerings: https://www.multirent.ca/services/

FAQ on secret and weighted voting at an AGA

Q1. Does a secret vote prevent the weighting from being verified?

• No. Confidentiality concerns the identity of the choices, not the calculation. The scrutineers add up the percentages by option and record the weighted result in the minutes without linking a choice to a person.

Q2. Can a co-owner require a secret vote at any time?

• They may request one. The meeting decides according to the prescribed procedure, unless the declaration of co-ownership already requires a secret ballot for the item on the agenda (e.g., the election of the board of directors), in which case it must be followed.

Q3. How long should ballots from a secret vote be kept?

• At a minimum, until the minutes are approved and for a reasonable period related to the challenge deadlines provided for by law. Keep them sealed with the AGA documents.

For the legal foundations, refer to the Civil Code of Quebec on LégisQuébec and to your declaration of co-ownership. A reference resource for syndicates and boards of directors: RGCQ – Resources: https://rgcq.org/ressources/

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

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