- Mandate : Mandatary
Definition : Mandate - Mandatary
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.
September 29, 2017 – Proxies, coveted by many when a decisive co-ownership vote is foreseen, are a formidable tool during general meetings. Their validity of is often challenged, along with many attempts to render them ineffective. What should you know?
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 key function. As such, directors must act with prudence, diligence, honesty and loyalty, and never lose sight of the co-owners community interests.
Every co-owner should participate to all general meetings to ensure the general meeting can reach a quorum and therefore deliberate and take decisions. If you are unable to attend, or if you do not wish to participate, it is better to appoint a mandatary. He may thus represent you at the general meeting, by the means of a proxy you will give him. Remember that a proxy represents the ideal compromise to exercise your voting right.