The syndicate of co-owners, as a legal person, has a juridical personality. It acts through two decision-making bodies, the meeting of the co-owners and the board of directors. The directors are natural persons who make up the board of directors of the syndicate of co-owners, of which they are also the mandataries. In principle, it is the board of directors as a group that makes the decisions and not the directors individually. The latter are appointed or elected to contribute to the accomplishment of the mission of the syndicate and the good management of its property. They must make use of their know-how, skills and experience to accomplish this mission, making sure they respect the Law and the declaration of co-ownership. Their contribution must be performed with honesty, loyalty, care, diligence, efficiency, assiduity and fairness.
A review of the different aspects of the director’s role:
The presence of a board of directors is mandatory in a co-ownership. It is the executive body of the syndicate and its legal representative. As for its members, they act as mandataries of the syndicate. Because of the phenomenon of co-ownership in difficulty or dysfunctional, the legislator, through Bill 16, has put in place judicial mechanisms to overcome these difficulties. Article 1086.4 was thus introduced into the Civil Code of Quebec. This addition allows the court to replace the board of directors with a provisional administrator, if circumstances warrant, and to determine the terms and conditions of its administration (e.g., term of office).This is the case if the syndicate is unable to maintain the building in good general condition.