Each condo syndicate is made up of two bodies: the general meeting of co-owners and the administrative council. The role of the condo syndicate council is to manage the syndicate’s affairs. But what does this mean, specifically?
Appointing administrators to the administrative council
The number as well as the method for appointing and replacing administrators are expressly indicated in the declaration of co-ownership, but you should know that — generally speaking — they are elected during the annual general meeting of co-owners. Unless otherwise stipulated in the declaration of co-ownership, they are not required to be co-owners.
The mission of the administrative council
The role of the condo syndicate council is to administer the condominium and ensure the conservation of the building. Much like with the appointment of administrators, the declaration of co-ownership defines its function and the method of decision-making.
The administrative council manages the day-to-day business of the condo syndicate to ensure the normal functioning of the condominium, in accordance with legal provisions and the declaration of co-ownership.
The powers of the administrative council
The council holds powers concerning:
– The administration of the common areas. Among other things, this mission covers the following tasks:
- Developing a budget to cover the running costs and expenses of the condominium and the building, presenting the draft budget at the general meeting of co-owners, and adoption by resolution
- Calling for condo fees and collection
- Keeping and maintaining condominium records
– The conservation of the building. To accomplish this task, it must in particular:
- Maintain the common areas (buying products, hiring building employees, signing maintenance contracts, snow removal, etc.)
- Take out insurance policies
- Have the necessary work done to prevent the deterioration of the common areas of the building and have construction or design defects that may affect the common areas repaired
- Budget the provisions to be paid into the contingency fund in anticipation of major upcoming repairs and work (restoration, roof repairs, etc.)
- Initiate the improvement or conversion work authorized by the general meeting of co-owners.
– The protection of the rights related to the building and the condominium. Besides overseeing the administration of the common areas and the conservation of the building, the administrative council is responsible for defending the interests of the co-owners and must represent them on both the civil and criminal level. For example, it is required to:
- Convene a general meeting of co-owners at least once a year
- Ensure the collection of the common expenses and use every legal remedy in case of unpaid charges
- Exercise any recourse against third parties responsible for defects in the building (contractors, architects, engineers, etc.)
- Ensure compliance with the provisions of the declaration of co-ownership and intervene, if necessary, with co-owner occupants or tenants
- Take out an insurance policy covering the syndicate’s civil liability toward third parties and any policy required by the declaration of co-ownership
- Terminate—if applicable, and within 60 days of the election—any contracts greater than one year in duration entered into by the syndicate prior to the election of the present administrative council.
Since the needs of a condominium are both complex and multiple, the role of the condo syndicate council is extensive and complicated. So it’s recommended to rely on a professional condominium administrator to successfully carry out this mission, which requires a great deal of skill, experience, and time.