- Mandate : Mandatory
Definition : Mandate - Mandatory
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 principal-agent relationship both legally and contractually. The law stipulates that the director is considered to be the mandatary of the syndicate of co-owners. In addition, a co-owner may grant a mandatory the power to represent him at a meeting of co-owners. This power and, where appropriate, the writing that records it, are called a proxy.
WARNING! The principal-agent relationship should not be confused with the relationship between two contractors who are bound by a contract for services. Thus, when it is subject to such a contract, a condo manager is not, in principle, the mandatory of a syndicate of co-owners. Note, however, that the service contract of a condo manager may include a representation component. The latter may therefore act as a mandatory of the syndicate for the purpose of concluding 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.