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Boards of Directors, Co-Owners
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Roles and missions of the Board of Directors
The Board of Directors can legally - and logically - put its nose into all the affairs of the condominium, however without interfering with the privacy of residents or co-owners.
The Board of Directors represents the Corporation when dealing with third parties. In the first place, it controls and assists the management company. For example, the board may require from the management company to provide official documents and data (such as accounting data), compel the manager to set up a general meeting (ordinary or extraordinary), request specific mandates, be in validation when significant work or budgets are involved.
In practice, the Board of Directors is a referent for everything related to the condominium. It must be on the look-out for problems touching the condominium, must find solutions, must engage with the management company all necessary actions for its conservation, must inform other co-owners and alert them if necessary, must review the manager's work and verify its effectiveness, must seek to optimize the budget of the condominium, must constitute a database of information and files that reflect the state and history of the condo (they can use an online condominium service such as RedLeafCondo). Also, resident co-owners can check on a daily basis that Rules in their condominium are respected by everyone.
Who can become a member of the Board of Directors?
In principle, any co-owner can apply to the Board of Directors of your condominium, with a few exceptions.
Can apply to the Board of Directors : a co-owner, his spouse or her husband, a term purchaser (or his legal representative), the beneficiary of a leasing agreement, a legal representative of a company or association, a legal representative of a minor co-owner (father or mother), a legal representative of a handicapped person (guardian or curator), an usufructuary or bare owner of a dismembered fraction, one only of the indivisaires of a fraction (ex: fraction inherited by several persons).
For the spouses: note that only one of the spouses can be a member of the Board of Directors if they own the same fraction (or the same fractions). But each spouse can become a board member if they own different fractions.
Among all co-owners authorized to apply to the Board of Directors, there is the particular case of co-owners who are also employed by the condominium, such as guardians. It is not recommended to allow them to be members of the Board of Directors, because they are also under the authority of the management company.
Persons who can not become members of the Board of Directors are: a simple concubine (who is not a co-owner), the professional manager (and management company) even if he is a co-owner, the spouse of the professional manager even if he is co-owner, an employee of the professional manager (and management company) even if he is co-owner.