In certain very specific cases, the Civil Code of Québec provides that the number of votes that may be cast personally by a co-owner can be reduced. These rules are enacted by the legislator in order to avoid that a co-owner who has the majority of the fractions and the votes can control the assembly of the co-owners at the expense of minority co-owners. In other circumstances, the votes of co-owners deprived of their right to vote because of their failure to pay their share of the common expenses or contribution to the emergency fund for more than three months must be subtracted from the total votes of the co-owners.
The case of co-ownerships of less than five fractions
Article 1091 of the Civil Code of Québec provides that when a co-owner has, in a co-ownership with less than five fractions, a number of votes greater than half the total votes of the co-owners, the number of votes he has at an assembly is reduced to the sum of the votes of the other co-owners present or represented at this assembly.
So, in practice, in a co-ownership consisting of four fractions, three of which belong to the same person, the votes that this person can express must obligatorily be reduced to a number held by the other co-owner under section 1091 CCQ. Here is an illustration of this principle:
The purpose of section 1091 C.C.Q. is thus to avoid that Mr. XYZ can control the assembly of co-owners and turn any decision in his favour, possibly to the detriment of Mrs. ABC. It should be understood, however, that this legal protection has the effect of requiring unanimity for decisions made in assembly. However, it is important to note that this reduction of the votes is only effective in the context of the assembly of co-owners and does not reduce the share of the costs which Mr. XYZ must pay, i.e., 75% of all charges arising from the operation of the building and contributions to the emergency fund.
The case of co-ownerships of less than five fractions
Article 1091 of the Civil Code of Québec provides that when a co-owner has, in a co-ownership with less than five fractions, a number of votes greater than half the total votes of the co-owners, the number of votes he has at an assembly is reduced to the sum of the votes of the other co-owners present or represented at this assembly.
So, in practice, in a co-ownership consisting of four fractions, three of which belong to the same person, the votes that this person can express must obligatorily be reduced to a number held by the other co-owner under section 1091 CCQ. Here is an illustration of this principle:
The purpose of section 1091 C.C.Q. is thus to avoid that Mr. XYZ can control the assembly of co-owners and turn any decision in his favour, possibly to the detriment of Mrs. ABC. It should be understood, however, that this legal protection has the effect of requiring unanimity for decisions made in assembly. However, it is important to note that this reduction of the votes is only effective in the context of the assembly of co-owners and does not reduce the share of the costs which Mr. XYZ must pay, i.e., 75% of all charges arising from the operation of the building and contributions to the emergency fund.