Natural person, usually designated by the developer under the terms of the declaration of co-ownership (by-laws of the immovable), to act as sole director of the syndicate. This person assumes the tasks assigned to the board of directors, generally from the publication of the declaration of co-ownership. This person acts until the election of a new board of directors, which must take place during the special transitional general meeting.
16/07/2025
I am a co-owner in a newly established co-ownership. Along with other buyers, we have discovered cracks in the foundation as well as water infiltration in the garage. These issues could be covered by an optional warranty plan. However, the board of directors, still controlled by the developer, provides no…...
01/06/2025
When a building becomes subject to the legal regime of divided co-ownership, the administration of the syndicate is initially entrusted to a natural person—usually one — appointed by the developer. This phase is called transitional administration. This pivotal stage marks the shift from unique ownership of developer to a shared governance between the co-owners,…...
06/05/2025
The transitional meeting is a key step in the life of a divided co-ownership, marking the transfer of management power from the developer to the co-owners. It usually follows the publication of the declaration of co-ownership and the early stages of building occupancy. It takes place when enough units are…...
24/01/2025
We purchased an apartment in a new condominium with over 100 units. While some units are occupied, many units, garages, and storage spaces remain unsold. During the special transitional meeting, I was elected as a director. Faced with our responsibilities, we demanded that the developer pay the common expenses related to…...
23/07/2024
The Board of Directors (the Board) is made up of members called directors. Their appointment is subject to certain formalities. In this regard, article 1084 of the Civil Code of Québec provides that the composition of the Board of the syndicate, the method of appointment, replacement or remuneration of the directors, as well as…...
23/07/2024
Expenses related to the maintenance and administration of the common portions of a co-ownerships start from its constitution as a legal person. It is therefore necessary that each co-ownership sets up, upon publication of the declaration of co-ownership, a Board of Directors to administer it. This board of directors is the…...
23/07/2024
Although the syndicate’s decision-making bodies are constituted upon publication of the declaration of co-ownership, their effective implementation is, in practice, often carried out by the developer who signed the declaration. The administration and management of the syndicate of co-owners are thus assumed, on a transitional basis, by a director appointed…...
22/07/2024
Whether you are a real estate developer (for a new building) or several owners of an existing building who wish to convert it, the rules for subjecting a building to divided co-ownership are the same. The creation of a divided co-ownership is necessary when an immovable must be divided into…...
04/12/2023
Optional guarantee plans are sometime offered, for buildings not covered by the Guarantee plan for new residential buildings (compulsory guarantee plan). This form of guarantee is intended for those buildings comprising five or more superimposed private portions , and buildings renovated and converted into co-ownership (such as: abandoned factories, schools…...
01/03/2022
In theory, your co-ownership doesn't necessarily need a Chartered Professional Accountant to present its financial information, whether it's financial statements, financial forecasts or financing applications. Competent administrators or a manager could do the work and present the required financial information well. However, the need may arise if the co-owners have doubts about…...
08/07/2020
Since last fall, work to complete the construction of our building has been stopped, while buyers of the top floor units were supposed to move in in December. Question: Faced with the refusal of a developer or builder to complete the construction of the building, can the syndicate of co-ownership…...
10/12/2019
Cette chronique vous est proposée par Garantie de construction résidentielle 10 décembre 2019 — Garantie de construction résidentielle (GCR) publiera dorénavant des chroniques sur Condolegal.com, afin d’aider les consommateurs à poser les bons gestes lorsqu’ils achètent un condo. Le premier sujet traitera de l’avis de fin des travaux des parties…...
22/03/2010
As a result of the loss of control of the developer, we have just held the first meeting of co-owners to replace the director who had been appointed by the developer and elect a new board of directors. However, this director has not reported on his administration since the publication…...