Definition : Director - Dismissal

Être administrateur de copropriété n'est certes pas toujours facile. Cette charge est lourde de responsabilités et comporte des hauts et des bas. Mais l'important, c'est qu'à la fin de son mandat, tout administrateur ait le sentiment du devoir accompli.

6 avril 2020- Dans leurs relations avec les copropriétaires, les membres du conseil d’administration doivent agir avec loyauté et équité. Ils doivent s’abstenir de tout geste qui pourrait s’apparenter à un règlement de comptes.

  Section 339 of the Civil Code of Quebec establishes as a basic rule that the term of office of a director is one year. The By-law of the immovable usually describe all the terms and conditions specific to the office of director, including the duration of his mandate. Thus, a syndicate of co-owners may, at the end of the By-law of the immovable, extend the duration of the building to more than one year (for example to two or three years). At the end of the stipulated term, the term of office shall continue if it is not denounced. Consequently, if no co-owner objects to the actions of the directors, they may continue to exercise the powers conferred on them. A director remains in office until the next annual meeting, whether before or after the end of one year. He is a director at the meeting until he has been replaced by the election of a new director in order to prevent the syndicate from being without a director in the event that the election cannot be held at that time as a result of an adjournment or otherwise.

The director of a co-ownership is called to play a key role in the sound management of the co-ownership and preservation of the patrimony of the co-owners. To strengthen and maintain the relationship of trust with them, every director must be fair, honest and loyal toward the Syndicate and the co-wners. The director must also respect ethical standards and the Code of conductstipulated by the Civil Code of Quebec and the declaration of co-ownership. In case of doubt, directors must act according to the spirit of those principles and rules. They must also arrange their personal affairs in such a manner that they cannot interfere with the performance of their duties.

Question: We are five co-owners in the immovable. Our director behaves like a dictator. Is there a way to remedy this situation?