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.

Related articles


Lors de cette webradio, il était question d’un sujet extrêmement préoccupant: une copropriété peut-elle être mise en tutelle ? Les symptômes d'une copropriété en difficulté sont de plus en plus un sujet de préoccupation chez tous les intervenants du monde de la copropriété. C'est pourquoi l’article 1086.4, introduit au Code civil du Québec par le projet de loi 16, apporte réponse à ce questionnement. Il permet dorénavant au tribunal de remplacer le conseil d’administration par un administrateur provisoire, si les circonstances le justifient. Le juge peut ainsi déterminer les conditions et modalités de son administration.  
View more
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).  
View more
  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.
View more