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Moral, legal or contractual obligation entailing an obligation of honor, probity and good faith. Article 322 of the Civil Code of Quebec requires the administrator of a legal person (e.g. a syndicate of co-owners) to have a duty of loyalty. A director must put the interests of the syndicate before his or her own. He cannot thus place himself in a situation of conflict between his personal interest and his obligations as a director.
23/07/2024
The law does not establish an exhaustive list of the duties and obligations that the members of the board of directors must assume. It is the declaration of co-ownership (constituting act of the co-ownership) and certain articles of the Civil Code of Québec which, for the most part, determine them.…...
23/07/2024
The duties and obligations of directors are at the heart of the good governance of a co-ownership. As part of their duties, directors are required to ensure that the syndicate of co-owners complies with the laws. This is why, in addition to the duties of diligence and loyalty of directors…...
23/07/2024
The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions,…...
23/07/2024
The director of a co-ownership is called to play a key role in the sound management of the co-ownership and preservation of co-owners' assets. To strengthen and maintain the relationship of trust with them, every director must be fair, honest and loyal toward the Syndicate and the co-owners. The director must also respect…...
01/07/2024
Article 1726 paragraph 1 of the Civil Code of Quebec, provides that " The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or…...
01/02/2023
La webradio du mercredi 1er février 2023 (à 19h) a porté sur l’éthique en copropriété. L’éthique se définit comme étant l’ensemble des principes moraux qui déterminent la conduite appropriée d'une personne. L’administrateur d’une copropriété est appelé à jouer un rôle primordial dans la saine administration de la copropriété, ainsi que la…...