Definition : Condo manager

An individual or a legal person who manages and administers the affairs of the syndicate of co-owners, but who does not participate, in principle, in the decision-making process. The Condo manager executes, for a fee, the decisions of the Board of Directors. The management contract determines the compensation method and the scope of the manager's obligations. This is usually a contract for services. It could also be a contract of employment.  

 WHAT YOU SHOULD KNOW! The Québec Co-owners and Manager Association (Regroupement des gestionnaires et copropriétaires du Québec) has put in place a service contract model. Administrators have an interest in requiring it from the manager with whom they do business, because this document precisely defines the benefits of the latter.

  WARNING ! The condo manager must be distinguished from the co-ownership manager, in particular in that the law does not recognize any legal status, any explicit power and duty and no formal obligation to report on its management when its functions come to an end.

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The manager bound to a syndicate by a contract for services does not have the same relationship with his client as the one who has the status of a salaried employee. That being said, regardless of the nature of the relationship between the parties, it is advisable to specify the contract’s terms and conditions, including its obligations and its possible renewal. This will prevent misunderstandings and possible litigation. Terminating the contractual relationship between the manager and the syndicate of co-owners requires, at all times, an evaluation of the legal and contractual parameters. A review of the various scenarios illustrating the expiration or resiliation of a contract for services.    
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The manager usually plays a key role in a co-ownership. Similarly to the board of directors, his duty is to preserve the immovable of which he is responsible. His appointment eases the director’s tasks, without the manager being substituted in their function. The board members will thus be better able to exercise their decision-making powers. That being said, managing a co-ownership is not always an easy task. It is in the best interest of directors to ensure that the manager assumes his mission with dignity, loyalty, diligence and honesty. To this end, the board of directors would be well advised to implement a code of conduct in which professional ethics are addressed, namely, without limitation, compliance with laws and regulations, transparency, confidentiality, conflicts of interest and, of course, discipline.
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The tasks of the condo manager are numerous. The latter may be mandated to manage the immovable, and thus ensure its preservation and maintenance; implement the decisions of the board of directors; settle major losses, take out the insurance required for your syndicate, but also to enforce the by-laws of the immovable. Therefore, his civil liability may be invoked. If he is at fault, he is exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that civil liability insurance be underwritten for the duration of his contract for service or his contract of employment.  
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Responsible for the orderly management, the manager plays a key role in a co-ownership. Its function is generally under the authority of the board of directors. Similarly to the directors, his function ensues from the preservation of the immovable for which he is responsible. The objective is to ease the director’s tasks, and not to replace them, so that they can better exercise their decision-making powers. Truly the one man band of a co-ownership, the manager must deploy his experience and knowledge for the benefit of the syndicate of co-owners for whom he works. A review of the various aspects of his function.  
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Faire la distinction entre la charge du gérant de celle du gestionnaire n’est pas une mince affaire. La plupart des acteurs qui travaillent dans le domaine de la copropriété peinent à s’y retrouver en cette matière. À vrai dire, la perception générale quant à la similarité des tâches qui leur incombent est erronée, car ces deux fonctions présentent plusieurs différences. Le gérant dispose de pouvoirs décisionnels au regard de la gestion de la copropriété. Quant au gestionnaire, il agit comme un conseiller et celui qui met en œuvre les décisions prises par le conseil d’administration. Il pourrait avoir suggéré des recommandations préalables avant que ces décisions soient mises en application. Regard sur deux fonctions dont les attributs, les pouvoirs et les devoirs se distinguent à plus d’un titre.
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Retaining the services of a condo manager should not be done blind folded. Unfortunately, a syndicate of co-owners wishing to find the real gem must often guesstimate or rely on intuition, as the relevant information useful to choose the right candidate is often inaccessible.
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  Your co-ownership is not immune to fraud. It may be defrauded by directors, co-owners, condo managers, service providers and third parties. Therefore, it is in your best interest to be wary of the behavior of potential suspects. You should not indulge in a witch hunt, however, some warning signs should arouse suspicion and command vigilance.    
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  A contract usually has a term. This is the case with regard to the contractual relationship between the syndicate and its condo manager. It may last for years or end quickly. Some co-ownerships are loyal to their manager, while others change their allegiance or no longer want his services. That being said, there are several reasons for the termination of the contractual relationship such as:  
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  The condo manager must stipulate, in the contract for services, the scope and the cost of his services for the co-ownership’s day-to-day management. Day-to-day management includes the usual acts usually included in the basic package. The manager may also charge for additional remuneration for "supplementary" services. Therefore, it is necessary to specify the services included in “day-to-day management”, to avoid arguments, or having to pay unforeseen additional fees.  
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Every syndicate of co-owners should retain the services of a condo manager, to assist the board of directors carrying out its duties. As the needs of a co-ownership are multiple and complex he needs to be the one man band of the co-ownership and assume enormous responsibilities. This being said, there are three management modes associated with this function, namely: resident-managers (autonomous management), employees (self-management) and contractors (external manager). A review of the various missions that may be entrusted to them.  
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  The condo manager’s tasks are numerous. Therefore, his civil liability could be engaged. If he is at fault, he may be exposed to recourses or claims for compensation, whether by the syndicate or the co-owners themselves. It is therefore imperative that he takes out civil liability insurance for the term of his contract for services.    
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The person responsible for the management of a syndicate of co-owners’ real estate assets, the condo manager plays a strategic role. His competence level can make the difference, especially if the board of directors knows next to nothing in such matters. Knowing how a co-ownership works, as well as taking charge of the stewardship of the immovable, requires knowledge that is not a given to everyone.  
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Managing a co-ownership requires accounting and financial skills. If the manager masters them, he will be able, under the supervision of the board of directors, to play a crucial role in the proper operation of the immovable. For instance, he will know how to balance budgets and manage efficiently the funds of the co-ownership such as monitoring contracts with various service providers, the payroll (salary of the janitor) and the work to be done in the short, medium and long term. A review of the various financial tasks that could be entrusted to the co-ownership manager.
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There is an administrative component in co-ownership Management that should not be neglected; its proper implementation will ensure the smooth operation of the syndicate of co-owners. The contractual agreement between the latter and the manager, may stipulate that various assignments – all equally important - allocated to the manager. If many cases, his duties will be numerous and will require not only thorough knowledge of the declaration of co-ownership, but also reasonable knowledge of the legislative framework governing this collective housing mode. A review of the range of duties that can be entrusted to co-ownership managers.
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Dans les copropriétés d’une certaine envergure, il n’est pas rare que le syndicat de copropriété engage un concierge qui, souvent, résidera dans une des unités d’habitation, spécialement mise à sa disposition, gratuitement ou moyennant un loyer.
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