After the little blackmail to which notices, by manipulation of the law, trustees have led owners to choose the regular mail rather than the recommended, here the confusion of working capital and reserves.
Law Hamal in his art. 577-8, § 4, 5, says: "The trustee is responsible for administering the funds (...) of the condominium, to the extent possible, these funds must be placed entirely on various accounts, which must include a separate account for working capital and a separate account for the reserve fund, all such accounts must be opened in the name of the condominium. "
A healthy mind and right shall include the trustee must collect and allocate the payment of a joint owner on an account specific and well defined according to whether a transfer relating to working capital or reserve funds. Is not it obvious?
Nay! Trustees and their lawyers have found in the legal text the expression "to the extent possible." In their view, this statement means that the working capital reserve and may be confused or embarrassed when an inaccuracy arises, such as a reluctance on the allocation, which is frequently the case among many others. When such difficulties arise, and although as vague as ill-defined so that she can apply to all situations, then it is the trustee to assess definitively the best allocation in the best interest of the condominium. The legislature has expressed a willingness to delegate the organization of two funds, their possible merger and their eventual breakdown in the wisdom of the trustee. After this new spin, no doubt that the trustee-juggler fall on his feet.
But in these conditions and again, Olivier Hamal might have spared himself the effort to amend the 1994 Act.
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