Definition : Bad faith

A voluntary and disloyal attitude with which a person acts towards others, in order to harm, deceive, mislead or evade his obligations. The concept of bad faith is directly opposed to that of good faith provided for in articles 6and 1375 of the Civil Code of Quebec.

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The juridical personality of the syndicate is distinct from the one of the co-owners and directors. His acts are binding only on himself, besides for the exceptions provided by law. The faults committed by the syndicate have consequences only on its own civil liability and not on the directors. Under these conditions, they are held harmless by the syndicate and assume no responsibility for any costs, expenses, charges or losses they have incurred for the administration of the building and the syndicate. This is the basic principle, but it is important to bring several nuances to it. Indeed, a director must never lose sight of the interest of the community of co-owners.
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