Democracy and membership rights
Cooperative law is structured around a subtle balance between the application of cooperative principles, the rules of cooperative action and the rights accorded to members who adhere to them.
The democratic participation of members in the committees of your cooperative or during general and special meetings requires a strict compliance with the specific provisions of the Cooperatives Act and your By-laws
The uniqueness of cooperatives can raise many legal challenges in the management and conduct of the business of your cooperative. We will be by your side to answer these legal challenges, whether they have to go to court or to explore a mediation process.
Judilex Avocats - cooperatively yours.
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Our fees and discounts reserved for cooperatives make our legal services accessible and our interventions are measured at moderate and reasonable costs. Our flexible and pragmatic approach is appreciated and recognized, in particular by several federations of cooperatives and organisms dedicated to Social economy.
Whether your cooperative has hundreds of members or operates on a smaller model, we can clarify the obligations of your members and those of the board of directors in the event of a dispute.
Our extensive experience in consulting and representation of cooperatives in court, allows us to serve a clientele of cooperatives made up of a majority of housing cooperatives but also solidarity cooperatives, workers, worker shareholders and producer cooperatives.
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advise the cooperative's board of directors, its general manager or its counsellor and provide them with any legal services required.
represent the interests of your cooperative in any administrative or legal dispute.
supervise and organize the disciplinary convocations of the members before the board of directors.
review the internal management by-laws and every by-laws of your cooperative and intervene for any corporate issue, such as the removal of a director, or a question related to a conflict of interest.
advise you on any situation involving the Direction de l’entrepreneuriat collectif of the Ministry of Economy and Innovation.
represent the cooperative and advise it in any litigation involving contractors or contractors.
act as a mediator between the board of directors and the members of the cooperative, or between the members.
obtain payment of any amount owed to the cooperative by members and by third parties.
Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.
Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.
In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.
The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.
In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.
In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …
When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.
On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.
Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.
On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.
In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.
All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.
In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.
Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.
Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.
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