Definition : Mandate

Contract by which a person (the mandator) confers upon another person (the mandatary) the power to represent him in the performance of a juridical act with a third person. That power and, where applicable, the writing evidencing it, are also called proxy (power of attorney).

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05/02/2025

How to make meetings more attractive to co-owners?

In our co-ownership, we are witnessing a clear lack of interest from co-owners, which is reflected in an extremely low attendance at the meetings of the co-owners. This disengagement has persisted for several years, to the point where it is becoming increasingly difficult to reach the required quorum for valid…...

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04/02/2025

How to prevent the abuse of proxies in co-ownership?

During the last annual meetings, the directors held more than 50% of the votes by combining the proxies they received with their own votes. This situation allows them to systematically secure a sufficient number of votes to be re-elected year after year, leaving other co-owners with little to no influence…...

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24/07/2024

Can the proxy holder transfer their voting right?

In preparation for an extraordinary assembly, Mr. Wilson had initially received proxies from ten co-owners, each assigning a different number of votes. However, an unforeseen event prevents Mr. Wilson from attending the assembly. In anticipation of his absence, he has transferred these proxies to Mrs. Lafleur, who is a member…...

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23/07/2024

Proxy (power of attorney) for the meeting of the co-owners

During a meeting of co-owners, important decisions are made for each member of the co-ownership. These meetings are crucial as they determine the future management and maintenance of the property. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it…...

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27/04/2024

Civil liability insurance of the directors

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…...

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21/10/2023

Proxies (Power of attorney) in co-ownership meeting

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…...

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25/06/2022

Administrateur : durée et fin du mandat (webradio)

Le mercredi 15 juin 2022, la Webradio de Condolegal.com a porté sur la question de la durée et de la fin du mandat d’un administrateur. L’article 339 du Code civil du Québec établit comme règle de base que le mandat d’un administrateur est d’un an. Le règlement de l’immeuble décrit habituellement l’ensemble des modalités propres à la fonction…...

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