Undivided Co-ownership: AGM Voting in Quebec

In a divided co-ownership, undivided ownership of a fraction often complicates the exercise of voting rights at the annual general meeting. Between proxies, common representatives and vote calculations, procedural errors can lead to disputes. This practical guide explains who votes, how many votes are exercised and how to document everything for sound minutes.

Information current as of 2026-08-06. Reference keyword: undivided co-ownership AGM voting Quebec.

Undivided ownership of a fraction: what it means in a divided co-ownership

• A fraction (your condo) may belong to several co-owners in undivision. Each co-owner holds a percentage of the fraction, but the fraction remains a single unit in the syndicate’s records.
• The rights attached to the fraction (voting, use, etc.) are exercised collectively by the co-owners in undivision. This includes attending the meeting, receiving notices and signing forms.
• At an annual general meeting, the number of votes attached to a fraction corresponds to its relative value (quota) as indicated in the declaration of co-ownership. The co-owners in undivision do not each receive separate votes; the fraction speaks with one voice.

Useful references (Civil Code of Quebec, LégisQuébec): provisions on co-owner meetings and voting in a divided co-ownership. Consult the Civil Code of Quebec for the rules on relative value, majorities and the exercise of rights at meetings:

• LégisQuébec – Civil Code of Quebec (divided co-ownership, meetings and voting)

For a plain-language overview of meeting best practices, also see the RGCQ:

• RGCQ – Co-ownership resources

How many votes are there, and who exercises them at the AGM?

• Number of votes: proportional to the relative value of the fraction (e.g., a fraction valued at 60/1000 is worth 60 votes). The declaration of co-ownership specifies these quotas.
• Spokesperson for the fraction: in undivision, the co-owners in undivision must appoint a common representative (one of the co-owners in undivision or a third party) to exercise the votes. Without a clearly authorized representative, the chair of the meeting may refuse the vote or record it “subject to reservation,” opening the door to a dispute.
• Internal disagreement: if the co-owners in undivision cannot agree, the fraction cannot cast conflicting votes. In practice, the absence of consensus or a clear proxy results in an abstention.

Majority rules to know (to be verified based on the Civil Code of Quebec and your declaration of co-ownership):

• Simple majority of votes cast for ordinary decisions (e.g., approval of the minutes, election to the board of directors).
• Enhanced majorities for certain decisions (e.g., major work affecting the common portions, changing the destination of the building). In particular, consult the relevant provisions of the Civil Code of Quebec on special majorities.

LégisQuébec references (read as needed):

• General meeting and voting rules

Proxy, common representative and documents to obtain

To secure the vote of a fraction held in undivision, prepare a simple, traceable document package.

• Written proxy signed by all co-owners in undivision appointing the common representative for the meeting in question. Ideally, use a standard form from the syndicate.
• Proof of identity for the representative and the signing co-owners in undivision (for reception and registration).
• Undivision agreement (if available), or proof of title (deed of sale, notarial declaration) identifying the co-owners in undivision and their respective shares.
• Email sent in advance to the condominium manager/board of directors before the AGM for validation, and filed in the syndicate’s records.

Best practices for the syndicate/board of directors:

• Require the proxy to clearly identify the fraction, the meeting date, the representative’s name and the scope of the mandate (general or specific to each item).
• Check that the signatures are consistent with the title documents and the syndicate’s records.
• Note the existence of undivided ownership and, where appropriate, the name of the usual representative in the register of co-owners.
• Train the reception team to recognize cases of undivided ownership and escalate any ambiguity to the chair of the meeting before voting begins.

For representation and real-estate document matters, the OACIQ offers useful guidance:

• OACIQ – Undivision and co-ownership (concepts and documents)

For meeting practices and record-keeping, also consult the RGCQ:

• RGCQ – Meetings and governance

Management tip: centralize your proxy templates and attendance tracking in a single tool. See our administrative management services: https://www.multirent.ca/services/#gestion-administrative

Common cases, examples and mistakes to avoid

Common mistakes:

• Arriving without a proxy signed by all co-owners in undivision: the vote could be refused.
• Submitting a “generic” proxy without specifying the fraction or date: this creates uncertainty and may lead to a dispute.
• Two co-owners in undivision voting in opposite directions: the fraction cannot be “split”; one vote will be disregarded, and often both will be.
• Forgetting the impact of unpaid condo fees: depending on your declaration of co-ownership, a suspension of voting rights may apply to the entire fraction. Confirm this point before the AGM.

Quick calculation examples

• Example 1 – Two co-owners in undivision, one representative: Fraction 203 is worth 55/1000. A and B are co-owners in undivision, each holding 50%. They appoint A by proxy. A exercises 55 votes for fraction 203.
• Example 2 – Three co-owners in undivision, disagreement: Fraction 702 is worth 85/1000. C, D and E cannot agree and have not appointed a common representative. The vote for this fraction is treated as an abstention.
• Example 3 – Proxy to a third party: Fraction 110 is worth 40/1000. Co-owners in undivision F and G appoint a notary as representative. The notary exercises 40 votes and signs the attendance sheet.

Good to know: during sensitive votes (major work, work affecting the contingency fund, etc.), a poorly documented vote can jeopardize the resolution. A co-ownership under our management once had to redo an agenda item because an undivision file was incomplete at the time of the vote.

To better prepare for these decisions, also see our financial management services (budgets, assessments, contingency fund): https://www.multirent.ca/services/#gestion-financiere

For the legal framework governing certain special majorities (e.g., major work or a change in the destination), refer to the relevant provisions of the Civil Code of Quebec on co-ownership and decisions of the meeting:

• LégisQuébec – Civil Code of Quebec (sections on decisions and majorities)

Checklist for the board of directors and meeting secretary

Before the meeting

• Check the register of co-owners: identify fractions held in undivision and request a common proxy where necessary.
• Include a specific reminder in the notice of meeting: “Fractions held in undivision: please submit a proxy signed by all co-owners in undivision.”
• Prepare the registration table with an “Undivision” box for quick visual tracking.

At reception

• Require identification and the original proxy or a clear copy (signed PDF). Refuse ambiguous or incomplete documents.
• Record the name of the fraction’s representative, their capacity (co-owner in undivision/third party), and note “Undivision – proxy on file.”

During the meeting

• Announce the number of votes present or represented, specifying the confirmed undivision cases.
• If there is any doubt, request a suspension of a few minutes to validate the proxy with absent co-owners in undivision (by email or telephone if necessary) and note the steps taken in the minutes.

During the vote count

• Count votes by fraction, never by co-owner in undivision.
• For a ballot vote, ensure that only one ballot is issued per fraction held in undivision.

After the meeting

• File the proxies in the records and attach the signed attendance list to the minutes.
• If a key decision relied on a fraction held in undivision, add a note to the minutes summarizing the verification completed.

For more practical articles, browse our blog: https://www.multirent.ca/blogue/

Additional sources

• LégisQuébec – Civil Code of Quebec (divided co-ownership)
• RGCQ – Resources
• OACIQ – Residential real-estate resources

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

This article provides general information and does not replace advice from a tax specialist or accountant. Refer to Revenu Quebec and the CRA for the exact rules.

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