- Indictable offence : Indictable offence
Definition : Indictable offence
A serious offence, constituting a crime, for which a person is prosecuted by indictment. This type of offence carries the most severe penalties in the Criminal Code (federal law). Examples of criminal acts include theft or fraud, sexual assault with a weapon, driving under the influence of alcohol and aggravated assault, extortion and murder. The court, on the application of an interested person, may prohibit a person from holding office as a director of a syndicate of co-owners if the person has been found guilty of an indictable offence involving fraud or dishonesty in a matter related to legal persons.
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?
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.
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.
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?
When we returned from vacation, I found that the door of our apartment had been forced open and that we had been robbed. I contacted a member of the board of directors to inform him of our misadventure. He told us that a series of thefts had taken place in the building. Some apartments were reportedly ransacked. Luckily this is not our case. Question: Under the circumstances, what should I do?
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This insurance covers the movable property and personal belongings in your private portion. To determine its value, one must make an inventory and carry out an evaluation. Invoices will be an invaluable tool for this exercise and crucial to make the right calculations. These must always refer to the replacement value of the movable effects, even if they are used and / or were acquired several years ago.
For valuable items such as carpets, paintings, jewelry and antiques, it would be prudent to take pictures and have them evaluated by an expert. Once the value of all your movable property established, one shall declare the amount to the insurer. This value will be used to establish the amounts allowed towards the indemnities in the event of a loss.
The provisions related to the appointment and replacement of the directors are provided for in the By-laws of the immovable (2nd part of the declaration of co-ownership). In their absence, they are also found in the Civil Code of Quebec (C.C.Q.). The law thus leaves it to the co-owners to establish themselves, in their declaration of co-ownership, the rules that best suit them. However, the appointment of directors generally falls within the competence of the general meeting of co‑owners, although the declaration of co-ownership may provide for other provisions.