Definition : Provisional administrator

Natural person, designated by the court, if circumstances warrant it, to replace the board of directors.The appointment of a provisional administrator may be justified when the situation of the co-ownership is seriously compromised, the operation is profoundly disturbed, or when the syndicate of co-owners is unable to provide for the conservation of the immovable.

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02/08/2024

Board of Directors: Is it mandatory?

We are a small co-ownership and have neither the means nor the time to hold elections to appoint directors. Moreover, we have been operating very well this way for years. And before moving into this apartment, I lived in a much larger co-ownership by phases and asked myself the same…...

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23/07/2024

Provisional directors

The presence of a board of directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. As for its members, they act as mandataries of the syndicate. Because of the phenomenon of co-ownership in difficulty or dysfunctional, the legislator, through Bill 16,…...

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23/07/2024

Term and end of the mandate of the director

Section 339 of the Civil Code of Quebec establishes as a basic rule that the term of office of a director is one year. The By-law of the immovable usually describe all the terms and conditions specific to the office of director, including the duration of his mandate. Thus, a syndicate of co-owners may,…...

Syndicate

23/07/2024

Method of appointment of the directors

The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to…...

Syndicate
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09/08/2022

Co-ownership for two: risks of blockages inherent in decision-making

We are only two co-owners and directors. When I arrived a year ago, there was no management of the co-ownership, no assembly. I have held two meetings for a year and informed the other co-owner of the legislation in terms of co-ownership and the existence of the declaration of co-ownership,…...

Your Rights

27/01/2022

Une copropriété peut-elle être mise en tutelle ? (webradio)

Le mercredi 26 janvier 2022, la Webradio de Condolegal.com était entièrement dédiée à un sujet extrêmement préoccupant: une copropriété peut-elle être mise en tutelle ?  Les symptômes d'une copropriété en difficulté sont de plus en plus un sujet de préoccupation chez tous les intervenants du monde de la copropriété. C'est pourquoi l’article 1086.4, introduit au Code civil…...

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01/03/2010

Who has to pay for common expenses for unsold apartments?

  We have just bought a new apartment in a co-ownership of more than one hundred apartments. There are still several unsold units in the building. I am one of the newly elected directors at the special meeting for the election of the new board. We have asked the developer to…...

Syndicate