Questions : Can co-owners or occupants of the building be authorized by the board of directors to carry out voluntary work (such as painting the corridors, washing the windows, laying out a small gravel path, etc.), in short, limiting the number of contractors for the maintenance of the building, and this to save several thousand dollars each year? And if this is possible, what are the consequences? When it comes to liability insurance, is this type of risk covered? In terms of occupational health and safety, does this type of activity entail risks for the syndicate? And in the event of an accident, what are the consequences for our volunteers?
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The director plays a leading role in a co-ownership. As a mandatary of the syndicate of co-owners, he ensures the smooth running of the immovable’s day to day business, which implies a working knowledge of the tasks related to this key function. As such, directors must act with prudence, diligence, honesty and loyalty. The members of the board of directors thus evolve in a legal environment where their personal liability can be sought as part of their mandate on behalf of the co-ownership as well as towards third parties. The civil liability of the directors with regard to the tasks incumbent upon them is largely ignored. Thousands of Quebeckers who sit annually on a board of directors, maybe including yourself, are unaware of this state of affairs.