Definition : Provisional administrator

Natural person, designated by the court, if circumstances warrant it, to replace the board of directors.The appointment of a provisional administrator may be justified when the situation of the co-ownership is seriously compromised, the operation is profoundly disturbed, or when the syndicate of co-owners is unable to provide for the conservation of the immovable.

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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).  
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