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The management of a co-ownership (condominium) involves an administrative aspect that requires the implementation of strict control procedures. Efficiency in carrying out these administrative tasks is essential to ensure smooth and effective management within a syndicate of co-owners; despite their potential complexity, these responsibilities are crucial for ensuring transparency and order in the operation of the co-ownership. As a frontline actor, the condo manager plays a key role in the implementation and monitoring of these procedures thus ensuring the smooth…...
The law not determining the rules applicable to the conservation of the register of co-ownership, it is therefore necessary to refer to the rules that may be prescribed in the declaration of co-ownership; on this subject, see Richard LeCouffe's chronicle entitled Time limits for keeping documents in the register. Furthermore, specialized companies offer their services for the archiving of co-ownership (condominium) documents by digitizing all papers; this dematerialization opens up the possibility of sending certain documents digitally....
The syndicate of co-owners is obliged to maintain a register of the co-ownership accessible to all the co-owners and so, in accordance with section 342 of the Civil Code of Québec. The board of directors is responsible for properly keeping the syndicate's books and register; the board may delegate this task to a third party member such as the condo manager who may issue copies of the documents in his possession. Until proven otherwise, any copy is considered proof of its content without the need to…...
The condo manager bound to a syndicate of co-owners by a contract for services does not have the same relationship with his client as the one who has the status of an employee and so, regarding a contract of employment; that being said, regardless of the nature of the relationship between the parties and in order to prevent misunderstandings and possible litigation in front of courts, it is advisable to specify the contract’s terms and conditions, its…...
The qualification of the contractual relationship between the syndicate of co-owners and the condo manager is of high importance since the rules of termination differ depending if it's a contract for services or a contract of employment; section 2085 of the Civil Code of Québec defines the contract of employment as a contract, verbal or written, by which a person, the employee, undertakes for a limited time and for remuneration, to do work under the direction or the control of another…...
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…...
The administration of a syndicate of co-owners requires financial expertise, which is vital for the proper functioning of the co-ownership (condominium). In collaboration with the board of directors, the condo manager ensures budgetary balance and financial management which includes budget preparation, account management, and the distribution of common expenses (condo fees); he also plays an essential role in treasury management handling bank transactions, investments in contingency and self-insurance funds as well as bill payments. Additionally, the manager is responsible for managing…...
The management contract determines the obligations and the remuneration method of the manager specifying the duration and the nature of the mandate. In principle, it is up to the board of directors to set the guidelines of the management contract and so, based on the size and the specifics of the co-ownership (condominium). The procedures for appointing and replacing the manager are usually outlined in the constituting act of the co-ownership. The management contract helps avoid ambiguities regarding the provided…...
The syndicate of co-owner’s mission is to ensure the preservation of the immovable and the maintenance of the common portions; to ensure that the building is in good condition, the syndicate involves various service providers. Technical and property management aim to conserve the common portions; in addition, a well-maintained immovable necessarily involves carrying out the necessary work to avoid the deterioration of the common portions. Furthermore, to perform the tasks correctly, it is essential that the syndicate sets up a maintenance logbook,…...
Water damages are the most frequent loss in co-ownerships (condominiums). The concept of water damage also includes the civil liability of the syndicate, the co-owner and the lessee (tenant) who could be responsible in the event of damages suffered by third party members; thus, the question of who is responsible for this constantly arises. However, it is necessary to know the law applicable to the person at fault. Other considerations affect both the insurer of the syndicate and…...
