Definition : Criminal Record

La webradio du mercredi 15 mars 2023 a porté sur la fraude en copropriété et les mécanismes à mettre en place pour l’éviter. Une copropriété n’est pas à l’abri d’une fraude. Parmi ceux qui pourraient la commettre figurent les administrateurs, les copropriétaires, le gestionnaire de la copropriété, les fournisseurs de services et les tiers. Par conséquent, il serait sage d’observer les comportements d’éventuels suspects, afin d’y déceler des actes potentiellement frauduleux. Il ne saurait être question de mener une chasse aux sorcières dans un immeuble, néanmoins, certains signes avant-coureurs devraient susciter la méfiance et commander la vigilance. Comment identifier ces actes frauduleux et se prémunir des conséquences économiques relatives à ce type d’activité criminelle?

Our Board of Directors considers entrusting part of the administrative management of the syndicate to an external manager. In order to reduce the risk of fraud, a criminal history certificate is included in our selection criteria. Also, proof of liability insurance from the manager is verified so that it is sufficient in the event of errors or omissions on his part. Another selection criterion is a manager who is a member of the Ordre des administrateurs agréés (ADMA). Question: Should directors only appoint a condominium manager with no criminal record and membership in ADMA?

Retaining the services of a condo manager should not be done blind folded. Unfortunately, when a board of directors wants to mandate the rare pearl, it often has to rely on the pifometer and intuition, because the useful information that would make it possible to retain the right candidate is often inaccessible. Certainly, the size of the firm where the manager works must be taken into account. It is up to the directors to decide whether they prefer a small or a large co-ownership management company, each formula having its share of advantages and disadvantages. As a result of the advantages, the large company has technological and material means, as well as a larger number of staff, at least in principle. In a small company, the condo manager may be committed to satisfying the clients who make him live, but he may also have insufficient staff. Beyond this criterion, other elements must be considered in the choice of this key character of the co-ownership!

Your co-ownership is exposed to various types of risks, such as fire, water damage, theft and vandalism. Among these risks, there is one that is often overlooked, that of fraud. Those who can commit it are sometimes unsuspected or unsuspecting people. This is the case for the director, the co-owner, the condo manager, service providers and third parties. Therefore, it would be wise to observe the behaviour of potential suspects, in order to detect potentially fraudulent acts. There can be no question of conducting a witch hunt in a building, nevertheless, certain warning signs should arouse mistrust and command vigilance.  

The members of the board of directors play a key role in the co-ownership: they must be involved in the life of the building to ensure the proper management of the co-ownership and the well-being of the co-owners. Usually appointed by the Meeting of the co-owners, the director is a member of the Board of Directors of the syndicate. Its duties are to make decisions on the directions and priorities of the Syndicate. Such Decisions are without limitation for the purpose of the preservation of the immovable and also the management and maintenance of common portions. People who are thinking of becoming a director of a syndicate of co-owners have or should ask themselves certain questions before submitting their candidacy for this office. Do I have the required qualities and skills?