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Serious misconduct in the exercise of a mandate (director, provisional director, condo manager). Such acts of misappropriation include several types of serious misconduct such as embezzlement, diversion of assets, and accounting or financial frauds (e.g. falsification of accounts). In the case of fraud affecting a syndicate of co-owners, any interested party can ask the court to determine if the directors who participated in the misdeed or have made a profit therefrom are liable for the damage suffered by the syndicate.
27/04/2024
The day-to-day administration of the co-ownership may be entrusted to a co-ownership manager who may or not be chosen from the co-owners; thus, the syndicate can delegate to the co-ownership manager other tasks and responsibilities that are generally handled by the board of directors such as the collection of claims, the publication of a notice regarding a legal hypothec…...
28/02/2024
A co-ownership (condominium) is exposed to a variety of risks such as fires, water damages, theft and vandalism acts; among these risks, one that is often overlooked is fraud. The people able to commit fraudulent acts pass sometimes as unsuspected; it may be the case of the director, the co-owner, the condo manager, the service providers and third party members.…...
06/02/2024
Responsible of ensuring a good management, the condo manager plays a key role in a co-ownership (condominium); his function generally falls under the authority of the board of directors. Similarly to the directors, the function of the condo manager aligns with the preservation of the immovable for which he is responsible; his objective is to ease the directors'…...
15/03/2023
La webradio du mercredi 15 mars 2023 a porté sur la fraude en copropriété et les mécanismes à mettre en place pour l’éviter. Une copropriété n’est pas à l’abri d’une fraude. Parmi ceux qui pourraient la commettre figurent les administrateurs, les copropriétaires, le gestionnaire de la copropriété, les fournisseurs de services et les…...
05/09/2017
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,…...
24/08/2017
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…...
26/07/2012
25 juillet - L'Affaire Jacques Paquet se poursuit. Une décision sur la sanction à imposer à l'égard de ses agissements a finalement été rendue cette semaine. Le Conseil de discipline de l'Ordre des administrateurs agréés du Québec (OAAQ) a rendu sa décision ce 23 juillet 2012. Tristement célèbre pour avoir…...