Understanding the role of the syndic of co-ownership: a complete guide

Co-ownership is a complex organization that brings together people with sometimes divergent interests. In order to manage this complexity, the law has created a central actor: the syndic of co-ownership. Its mission, its powers, its responsibilities, the functioning of the general assemblies, the fees, the charges, the accounts, so many points that it is essential to understand in order to live peacefully in a condominium.

1. The role of the condominium manager

When the first lot of a building is sold, a community of owners is automatically created. It brings together all the co-owners and has its own legal personality. The syndic of co-ownership, who may be a natural person or a legal entity, is the legal representative of this syndicate. He is responsible for the day-to-day management of the community, the enforcement of the community's rules and regulations, and may enter into contracts and buy or sell property on behalf of the community.

1.1 Responsibilities of the community

The community is responsible for insuring the community against risks such as fire, glass breakage, theft and civil liability. The private parts of the property belong to one or more co-owners, while the common parts are owned by the community of co-owners as an undivided whole.

The mandate of the condominium manager is for a maximum period of 3 years, renewable after a vote at a general assembly. His duties include the application of the community rules, the maintenance of the list of community members, the execution of the decisions of the general assembly, the day-to-day management, the intervention in the event of urgent works, the drawing up of the budget and the accounts, and the provision of advice to the community members.

The co-ownership syndic is remunerated on the basis of a fee per thousandth of each lot and must have a property management license issued by the Ministry of the Middle Classes. The condominium manager must also have professional indemnity insurance.

1.2 Trade union council

A union council, made up of a president and two members, is not compulsory but can be set up by a vote at the general meeting. The common facilities refer to those facilities whose ownership is undivided between certain co-owners, according to their respective usefulness for each lot.

2. Monthly advances and fees

Monthly advances and fees shall be decided by the general assembly by simple majority. The collection of fees does not require the approval of the general assembly. The trustee may collect by means such as the statement of account, reminders, formal notices, payment orders, the intervention of a lawyer or a court summons. It should be noted that the vendor and the purchaser are jointly and severally liable for the payment of the charges. Furthermore, the syndic does not need the approval of the general assembly to carry out urgent work.

3. Annual report and accounts

An annual report and accounts shall be presented at the annual general meeting. Contracts and invoices shall be drawn up in the name of the community. The distribution of expenses among the co-owners shall be in accordance with the co-ownership rules. The community does not issue statements to the tenants.

4. Current account

Each condominium must have at least one current account. The manager may choose the bank, but it is preferable to obtain the approval of the general assembly. The manager has power of attorney over the current accounts, which is mandatory.

5. Reserve Fund and Working Capital/Cash Fund

The reserve fund is used to finance any major works that may be required in the future. It is not returned when a lot is sold. Its amount, increase and replenishment are decided at the General Assembly by a simple majority. The General Assembly decides whether and how much to pay during construction.

The working capital or cash fund must be returned to the owners when a lot is sold. It is used to feed the current accounts and acts as a sort of "credit line". Its amount, increase and repayment shall be decided by simple majority at the General Assembly.

6. Tenant and transfer

The owner may recover from his tenant the costs of maintenance, minor works, energy and refuse disposal. In the event of transfer of ownership, the syndic must be informed.

6. Tenant and transfer

The owner may recover from the tenant the costs of maintenance, minor works, energy and rubbish collection. In the event of transfer of ownership, the syndic must be informed.

7. Vertical cadastral

The vertical cadastral is obligatory for the notarial act.

8. The General Assembly

The general assembly is the decision-making body of the condominium. It is held at least once a year and it is during this meeting that the majority of decisions concerning the management of the property are taken. It is therefore essential to understand how the general assembly works.

8.1. Stages of the general assembly

- Establishment of the accounts: once a year, legal obligation.

- Letter of convocation: a letter of convocation indicating the date, time and place of the general assembly, accompanied by the proxies and the agenda. All the co-owners must be convened, without exception. The convocation is generally sent by registered mail with a delay of 15 calendar days.

- Holding of the general assembly: a president presides over the meeting, a secretary writes the minutes and two scrutineers count the thousandths and verify the list of attendees and proxies, as well as the results of the votes.

- Report of the general assembly: the opposing and absent co-owners may contest one or more decisions taken during the general assembly through the appropriate legal channels.

8.2. Respect of time limits

Notice of a General Meeting must be given at least 15 days before the date of the meeting. An item must be added to the agenda within 6 days of the convocation. A decision taken by the General Assembly must be challenged within 2 months of the date on which the minutes of the General Assembly are sent. There is no specific time limit for sending the minutes.

8.3. Majorities in joint ownership

Decisions taken at general meetings are subject to majority voting rules. These rules vary according to the importance of the decision to be taken. Majorities in condominiums can be divided into several categories:

8.3.1. Simple or relative majority

Approved if more than 300/1000 of those present and represented at the general assembly vote in favor. It is used to approve the accounts, the annual budget, the monthly advances, the discharge to the administrator, the discharge to the union council, the reserve fund, the working capital, the maintenance work and/or the repair of cracked or broken façades (new plaster/painting of the façade).

8.3.2. Absolute majority

Passed if more than 500/1000 votes in favor, counting to the nearest thousandth. May require a second General Assembly if the quorum is not reached at the first, then a simple majority is required. It is used for the delegation of powers, which requires a simple majority, the appointment/dismissal of the trustee, the appointment/dismissal of the trade union council, the authorization of certain co-owners, the maintenance and improvement of a cracked façade and a poor CPE (Energy Performance Certificate) for two new insulating facades.

8.3.3. Majority of % or double majority

Requires at least 750/1000 of all unit owners and a majority of all unit owners. Applies to acts of sale, acquisition of property (e.g. rental of a communal garden), amendment of the community statutes, administrative acts (e.g. renovation of the facade, insulation of the roof).

The co-owner's representative is a key player in the good management of the co-ownership. His role is complex and requires a thorough knowledge of the law of joint ownership. As a co-owner, it is important to understand his role and his responsibilities in order to be able to correctly follow the evolution of your co-ownership.