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Person who receives the mandate, from a mandator to represent him in the performance of a legal act or other with a third party. In divided co-ownership, we find this mandator-mandatary relationship both legally and contractually. The law stipulates that a director is deemed to be the mandatary of the syndicate of co-owners. In addition, a co-owner may grant to a mandatary the power to represent him at a general meeting of co-owners. This power and, if need be, the writing that records it, is called a proxy.
WARNING! The mandator-mandatary relationship should not be confused with the relationship between two contracting parties who are bound by a contract for services. Thus, when it is governed by such a contract, a condo manager is not, in principle, the mandatary of a syndicate of co-owners. Note, however, that the contract for services of a manager may include a representation component. The latter may therefore act as a mandatary of the syndicate for the purpose of entering into certain transactions.
21/05/2024
Syndicates of co-owners must set up a liquid and available short-term Self-Insurance Fund. The purpose of this fund is to anticipate and finance, in particular, expenses relating to the carrying out of future work following a disaster. This fund, mandatory under article 1071.1 of the Civil Code of Quebec, became…...
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…...
29/03/2024
The desire to preserve the safety of people and property can lead both syndicates and co-owners to consider the installation of surveillance cameras in the immovable. For many, when a co-ownership (condominium) faces repeated acts of vandalism or burglary, video surveillance seems like the only solution especially as the low cost of installations and…...
16/02/2024
The condo manager’s tasks are numerous and so, his civil liability could be engaged. As a mandatary of the syndicate of co-owners, the manager is required to fulfill the terms of his mandate. The manager can incur his liability in two ways: first of all, he can incur his contractual civil liability towards the mandator;…...
02/03/2010
During a meeting of co-owners, important decisions are made for each member of the co-ownership. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it is up to the co-owners to decide. However, if a co-owner is absent and has…...
21/10/2023
October 21, 2023 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for…...
10/09/2022
En préparation d'une assemblée extraordinaire, certains copropriétaires ont signé une procuration afin de se faire représenter par un autre copropriétaire. À la suite d’une urgence, le mandataire désigné ne pourra pas participer. Celui-ci a signé une procuration à un membre du conseil d’administration. Question : Est-ce donc dire que les…...
18/12/2017
The Board of Directors (the Board) is made up of members called directors. Their appointment is subject to certain formalities. In this regard, article 1084 of the Civil Code of Québec provides that the composition of the Board of the syndicate, the method of appointment, replacement or remuneration of the directors, as well as…...