Definition : Mandate - Mandator

En préparation d'une assemblée extraordinaire, certains copropriétaires ont signé une procuration afin de se faire représenter par un autre copropriétaire. À la suite d’une urgence, le mandataire désigné ne pourra pas participer. Celui-ci a signé une procuration à un membre du conseil d’administration. Question : Est-ce donc dire que les procurations qu'il détient seront toutes transférées au mandataire que lui a choisi?

April 17, 2021 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for a co-owner to prepare one himself. A formidable tool at assemblies and an object of covetousness for many when a decisive vote is planned in the co-ownership. However, proxies and their validity are often the subject of unfortunate questions and attempts to counter them. What about it?  

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. The members of the board of directors thus evolve in a legal environment where their personal liability can be sought as part of their mandate on behalf of the co-ownership as well as towards third parties. The civil liability of the directors with regard to the tasks incumbent upon them is largely ignored. Thousands of Quebeckers who sit annually on a board of directors, maybe including yourself, are unaware of this state of affairs.

  Lors des dernières assemblées annuelles, les administrateurs détenaient plus que 50 % des voix (procurations plus leurs propres votes). Il dispose du coup d'un nombre de votes suffisant pour être réélu année après année. Nous nous sentons démunis car nous n'avons pas vraiment le pouvoir de renverser la tendance lors du vote. Question: Est-il possible à l'avenir de limiter le nombre de procurations que peut détenir un administrateur lors d’assemblées de copropriétaires ?

During a meeting of co-owners, important decisions are made for each member of the co-ownership. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it is up to the co-owners to decide. However, if a co-owner is absent and has not taken care to be represented at the meeting, his vote may be sorely lacking. This may  also  prevent  the obtaining of a quorum and consequently the holding of the meeting of co-owners. When a co-owner cannot go there, he can ask the person of his choice to represent him. The mandatary the one who receives the proxy is not necessarily another co-owner. It may be a person outside the co-ownership. The latter will thus be able to represent him in this meeting and vote in his place on all the questions on the agenda. A written instrument is compulsory Tacit mandate being excluded, you must give a written instrument to the mandatary of your choice if you wish to be represented at the Meeting. The latter, who will represent you and vote on your behalf during the general meeting, can be one of the directors of the co-ownership (in his personal capacity), another co-owner, a friend or a person totally foreign to the co-ownership.