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Natural person elected or appointed to form the board of directors. As a mandatary, this person manages, alone (when the board of directors is composed of a single director) or in collaboration with the other members of the board of directors, the affairs of the syndicate of co-owners.
WHAT YOU SHOULD KNOW ! It is the board of directors, as a group, that makes decisions and not the directors individually. The only exception to this principle is acts of a conservatory nature or those which require promptness under reserve, in the latter case, they are authorized by the court.
18/11/2024
A study of the contingency fund was recently conducted by a professional. This analysis highlighted two possible scenarios: 1. Scenario 1 (status quo): This scenario, which is not recommended by the professional, would maintain the current contributions but would result in a deficit within approximately fifteen years, requiring the use…...
02/08/2024
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…...
25/07/2024
Our co-ownership consists of 6 apartments. I am part of the board of directors, which is composed of three directors. Unable to attend a board meeting, I gave a proxy to my neighbor. To my great surprise and indignation, the two members of the board of directors refused to allow…...
24/07/2024
Due to frequent conflicts between certain co-owners and the members of the board of directors, our co-ownership, like many others, is experiencing difficulties in recruiting directors during the annual meetings. The declaration of co-ownership for our building, which comprises 50 apartments, stipulates that the board of directors must be composed…...
24/07/2024
In co-ownership management, co-owners are tasked with making decisions on various aspects of their building that go beyond the powers granted to the board of directors. Typically, decisions within the syndicate's remit are made by a majority of the votes of co-owners present or represented at the meeting at the time…...
23/07/2024
The board of directors is one of the two decision-making bodies of the syndicate of co-owners. It is a mandatory decision-making body for any syndicate of co-owners. Composed of one or more directors, it is the cornerstone of any well-managed co-ownership. In principle, it is the board of directors as…...
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
Most co-ownership directors assume this activity free of charge, effectively excluding the collection of any amount of money. But, contrary to popular belief, they can be paid. Usually, the remuneration granted to a director is mainly symbolic and is not similar to a remuneration similar to that paid to a…...
23/07/2024
The syndicate of co-owners, as a legal person, has a juridical personality. It acts through two decision-making bodies, the meeting of the co-owners and the board of directors. The directors are natural persons who make up the board of directors of the syndicate of co-owners, of which they are also the mandataries. In…...
23/07/2024
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…...
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…...
23/07/2024
The members of the board of directors play a key role in the co-ownership: they must be involved in the life of the building to ensure the proper management of the co-ownership and the well-being of the co-owners. Usually appointed by the Meeting of the co-owners, the director is a…...
27/04/2024
The director plays a leading role in a co-ownership; as a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business which implies a working knowledge of the tasks related to this function. As such, directors must act with prudence, diligence, honesty and loyalty because they evolve…...
27/03/2024
On Wednesday March 27, 2024, we gathered for an enriching webradio session dedicated to co-ownership administrators. This interactive session was an unmissable opportunity for all administrators who wish to deepen their understanding of their roles and responsibilities, especially in light of recent legislative developments with PL16 and PL141. We addressed…...
14/11/2023
On Wednesday October 25, 2023, it was about the challenges surrounding the administration of a co-ownership. Various questions arise in this matter. What are the conditions for submitting your candidacy as a director? What are the terms and conditions specific to the position of administrator? Do directors have to sign…...
10/10/2023
In their dealings with co-owners, board members must act with loyalty and fairness. They must refrain from any gesture that could amount to a settling of scores. This rule of conduct is fundamental and failure to comply with it constitutes a fault that may engage the liability of both the…...
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…...
07/06/2022
June 7, 2022 - The main duty of the board of directors in a condominium is to manage the Syndicate’s business. This means first to ensure the maintenance and conservation of the building, secondly to see to it that everyone respects every disposition of the declaration of co-ownership....
18/03/2022
Le mercredi 16 mars 2022, la Webradio de Condolegal.com était entièrement dédiée au lancement de la deuxième édition de l’ouvrage l'Administrateur de condo : tout ce qu'il faut savoir. Il n'est pas donné à tout le monde de siéger à un conseil d’administration. Cette charge nécessite d'excellentes qualités humaines et un sens de…...
25/05/2021
25 mai 2021 - La question du mois apparaissant à la page d’accueil du site Condolegal.com m’a inspiré cette chronique....
16/12/2020
Le mercredi 16 décembre 2020, nous avons organisé une session webradio captivante et exclusivement consacrée aux administrateurs de copropriété. Cet événement interactif représentait une opportunité exceptionnelle pour tous ceux qui aspirent à parfaire leur compréhension de leur rôle crucial et des responsabilités qui en découlent. Être administrateur de copropriété est…...
06/04/2017
Question: We are five co-owners in the immovable. Our director behaves like a dictator. Is there a way to remedy this situation?...
02/03/2010
Question: One of the co-owners disturbs the co-owners' meetings with his endless questions and his incessant insults towards the members of the board of directors. He is always in dispute over everything, either on principle or just to be in contradiction. What can be done?...
01/03/2010
Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible to outsource this mandate, that is to say to a consulting firm?...