Ethics and code of conduct

The manager usually plays a key role in a co-ownership (condominium). Similarly to the board of directors, the duty of the manager is to preserve the immovable of which he is responsible and consequently, the directors must ensure that he assumes his mission with dignity, loyalty, honesty, prudence, diligence and probity; in order to achieve this, the board of directors would be well advised to implement a code of conduct in which professional ethics are addressed, that is to say namely compliance with laws and regulations, transparency, confidentiality, conflicts of interest as well as discipline.

Ethics and probity

In the event that a manager would act as a mandatary to the interim director, he must remain neutral by demonstrating immense probity and impeccable ethics.

Conflicts of interest and disclosure

Any good manager will avoid being in situations of conflict of interests by adopting a neutral and independent approach; thus, he will refuse any gratuity, commission or bribe offered by suppliers servicing the co-ownership. If the manager finds himself in a situation of conflict of interests, he shall immediately inform the members of the board of directors and ask them if they authorize him to pursue his activities. In brief, to remain honest towards the syndicate of co-owners, the manager must:

• disclose immediately in writing to the board of directors any interest he has and so, directly or indirectly, in the legal entities and in the companies related to the syndicate or that could become it eventually;
• advise immediately the board of directors of any situation that places him in a conflict between his personal interest and the interest of the syndicate;
• inform immediately the board of directors of any advantage or benefit of any nature that is given to him by a supplier of the syndicate or by an entity offering its services as well as any advantage or benefit given to his partner or to a person in the same household.

Prudence, diligence, honesty and loyalty

The manager must demonstrate reasonable availability and diligence in carrying out his duties; in this regard, as an employee or as a provider of services, the Civil Code of Québec mentions that he must act with prudence, diligence, honesty, loyalty and in the interest of the syndicate.

Confidentiality

The condo manager is bound by an obligation of discretion in which he must also enforce upon the people working under his authority; thus, he may not disclose any of the co-owners, tenants (lessees), occupants or the syndicates' personal information without their prior written authorization.

Use of the syndicate's property

The manager has the duty of taking reasonable care of the property entrusted to him by the syndicate and so, unless the board of directors has given its consent, he may not use it for his own personal benefit or for that of a third party; furthermore, he must separate the syndicate’s property from his own.

WHAT YOU SHOULD KNOW!​​ A manager can't illegally practice a profession or usurp a professional title and so, he is not allowed to undertake activities requiring the expertise of a professional.

WHAT TO KEEP IN MIND: To ensure his independence, the manager must refuse gifts, donations or privileges that may be offered to him; all his energy must be devoted in the best interest of the syndicate.

WARNING! Currently, Quebec legislation does not provide any specific rules to guarantee the honesty of a condo manager.

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