By continuing your navigation, you accept the use of cookies to have services and offers tailored to your interests.
To learn more view our Cookie Policy.
Person who receives the mandate, from a mandator to represent him in the performance of a legal act or other with a third party. In divided co-ownership, we find this mandator-mandatary relationship both legally and contractually. The law stipulates that a director is deemed to be the mandatary of the syndicate of co-owners. In addition, a co-owner may grant to a mandatary the power to represent him at a general meeting of co-owners. This power and, if need be, the writing that records it, is called a proxy.
WARNING! The mandator-mandatary relationship should not be confused with the relationship between two contracting parties who are bound by a contract for services. Thus, when it is governed by such a contract, a condo manager is not, in principle, the mandatary of a syndicate of co-owners. Note, however, that the contract for services of a manager may include a representation component. The latter may therefore act as a mandatary of the syndicate for the purpose of entering into certain transactions.
01/07/2025
In anticipation of a co-owners’ meeting, I gave a trusted person a proxy to represent me. However, wishing to follow the discuss ions myself, I decided to attend the meeting as well, along with my proxyholder. At the opening of the meeting, my simultaneous presence with that of my proxyholder…...
24/07/2024
In preparation for an extraordinary assembly, Mr. Wilson had initially received proxies from ten co-owners, each assigning a different number of votes. However, an unforeseen event prevents Mr. Wilson from attending the assembly. In anticipation of his absence, he has transferred these proxies to Mrs. Lafleur, who is a member…...
23/07/2024
During a meeting of co-owners, important decisions are made for each member of the co-ownership. These meetings are crucial as they determine the future management and maintenance of the property. Whether for alteration or improvement of the common portions, the election of the members of the board of directors, it…...
14/07/2024
The co-owners of an apartment in the building, Mr. Dupont and Mrs. Tremblay, are spouses in the process of divorce. Mr. Dupont has not attended the co-ownership meetings for two years, while Mrs. Tremblay is currently hospitalized. She wishes to be represented by her son at the next annual meeting.…...
21/10/2023
October 21, 2023 Any co-owner may delegate his right to vote to an mandatary. Thus, with the notice calling the meeting containing agenda, financial statements and budget, there is usually a blank proxy form. However, since there is no requirement for the board to include one, it may be necessary for…...