How to Run a Proper AGA for Your Montreal Condo Syndicate

This article is for informational purposes only and does not constitute legal advice... consult a qualified legal professional.

A well-run Annual General Assembly (AGA) takes about 90 minutes and leaves every co-owner with a clear picture of the building's finances and plans. A poorly run one, missing notice deadlines, no quorum check, no minutes, can unravel every decision made that night. Here's how to get it right.

The AGA is the single most important governance event in a condo syndicate's calendar. It's where budgets get approved, board members get elected, and major decisions about the building's future get made. Quebec law requires it and treats the process with enough rigor that a poorly run meeting can have real legal consequences.

For volunteer board members who organize maybe one or two of these meetings a year, the rules can feel like a maze. Here's a clear walkthrough of what needs to happen, in order.

• 14 days minimum legal notice period before an AGA

• 50%+1 of voting shares needed for quorum

• 90 days’ window for a co-owner to contest a decision

Voting rights are suspended for co-owners with condo fees unpaid for 90+ days.

Step 1: Set the date and send notice — on time

1. Notice of meeting (avis de convocation)

Article 1087, Civil Code of Quebec Minimum 10 days

The Civil Code of Quebec requires that notice be sent to every co-owner at least 10 days before the meeting date. This is a legal minimum, the syndicate's declaration of co-ownership can require a longer period, but never shorter. The number of days mentioned in the declaration always prevails.

In practice, most professional property managers send the notice 15 to 20 days in advance. Co-owners need real time to read financial statements, review proposed resolutions, and decide whether to attend in person or send a proxy. A notice sent late, or missing required information, can expose the entire meeting to challenges.

2. The agenda must be precise

Quebec courts have been clear on this point: the agenda must specifically identify every matter that will be put to a vote. A vague agenda item like "other business" cannot be used to introduce and approve a significant decision, co-owners are entitled to know in advance exactly what they're being asked to decide on.

Best practice is to attach the proposed wording of resolutions to the notice itself, not just a topic heading. This gives co-owners the chance to evaluate what they're voting on before they walk into the room.

Step 2: What needs to go in the package

Along with the notice and agenda, co-owners should receive:

● The previous year's financial statements (income, expenses, contingency fund balance)

● The proposed budget for the coming year, broken down by expense category

● Minutes from the previous AGA, for approval

● Any contingency fund study or maintenance logbook updates required under the Loi 16 regulations

● A blank proxy form for co-owners who can't attend in person

● Candidate information, if board seats are up for election

Step 3: The day of the meeting

3. Check quorum before anything else

Quorum is reached when co-owners holding the majority of voting shares are present or

represented by proxy. Note: voting shares are calculated based on each unit's fraction of the common expenses (quote-part), not by number of people in the room. A board member with one small unit and a co-owner with a large penthouse do not carry equal weight.

If quorum is not achieved at the start of the meeting, the chair will delay adjournment for roughly one hour. The exact waiting time, however, is governed by the declaration.

Then, a second meeting can be called with quorum reduced to one quarter of the voting shares. This second meeting must typically be held at least a set number of days after the first, check your declaration of co-ownership for the exact figure that applies to your building.

4. Proxies: one person, one vote (usually)

A co-owner who can't attend can be represented by a proxy holder using a written, signed proxy form. The general rule is that a proxy holder cannot hold more than one proxy, but this varies depending on what the syndicate's specific declaration of co-ownership says, so boards should verify their own building's rules rather than assume.

5. Run through the agenda in order

A typical AGA agenda moves through approval of the previous minutes, financial report and approval of accounts, presentation and adoption of the next year's budget, any special resolutions (bylaw changes, special assessments, major works), election of board members, if applicable, and a general question period before closing.

Boards often want to rush through the financial section because numbers feel tedious. That's exactly the part co-owners care most about — and exactly the part that gets challenged later if it isn’t presented clearly. Slow down on the budget.

Step 4: Minutes — your legal proof of what happened

The minutes (procès-verbal) are the official record of every decision made at the meeting. They should be drafted during the meeting or immediately after, while details are fresh, and kept in the syndicate's permanent register.

Minutes must be distributed to co-owners within 30 days of the meeting. This practice not only satisfies legal requirements but also fosters transparency and trust. When minutes merely "exist somewhere" without being formally sent out, the syndicate becomes prone to disputes over. what was and was not decided.

⚠ The 90-day contestation window

Under article 1103 of the Civil Code of Quebec, a co-owner has 90 days from being notified of a decision to contest it in court if they believe it was adopted irregularly. Clear, accurate, promptly distributed minutes are the board's best protection if a decision is ever challenged.

The mistakes we see most often:

● Sending notice late, or with an incomplete agenda, this can render decisions voidable.

● Not verifying quorum properly, counting heads instead of voting shares.

● Allowing more than one proxy per holder without checking the declaration of co-

ownership permits it.

● Skipping the minutes or writing them weeks later from memory.

● Not presenting the contingency fund study or maintenance logbook, now required as

part of the AGA under the Loi 16 regulations.

● Rushing the budget discussion, leaving co-owners with unanswered questions that

resurface as complaints later.

Frequently asked questions

How much notice is required before a condo AGA in Quebec?

Article 1087 of the Civil Code of Quebec requires a minimum of 10 days' notice before an

annual general meeting. The declaration of co-ownership can require a longer period, but never shorter. Most professional managers recommend 15 to 20 days in practice.

What is the quorum for a condo syndicate AGA in Quebec?

Quorum is reached when co-owners holding the majority of voting shares, calculated by fraction of common expenses, not headcount, are present or represented by proxy. If quorum is not reached, a second meeting can be called with quorum reduced to one quarter of the voting shares.

Can a co-owner be represented by proxy at an AGA?

Yes, using a written proxy form. Generally, a single proxy holder cannot hold more than one proxy, unless the syndicate's declaration of co-ownership provides otherwise, boards should verify their building's specific rules.

How long do co-owners have to contest an AGA decision?

Under article 1103 of the Civil Code of Québec, a co-owner who believes a decision was

adopted irregularly has 90 days from the date of notification to contest it before the Court of Québec or the Superior Court.