Definition : Director - Appointment

Action of appointing a natural person to sit on the board of directors of a syndicate of co-owners. The method of appointment of directors is determined by the declaration of co-ownership which generally provides that the appointment of a director falls within the competence of the general meeting of the co-owners.

  WHAT YOU SHOULD KNOW! The first director, the provisional director, is generally appointed by the developer under the terms of the declaration of co-ownership. Subsequently, other directors are appointed, generally following a ballot (election), held at the special transitional general meeting.

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Question: What happens if the owners do not find among them the three directors required by the declaration of co-ownership? Is it possible to outsource this mandate, that is to say to a consulting firm?
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The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to establish themselves, in their declaration of co-ownership, the rules that best suit them. However, the appointment of directors generally falls within the competence of the general meeting of co‑owners, although the declaration of co-ownership may provide for other provisions.
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