What is a syndic of co-ownership ?
You will first need to know what a condominium and a lot are to answer this question.
A co-ownership is a group of at least two lots, two co-owners on the same piece of land. It is the whole of the co-owners who are obliged to own two or more lots.
Each lot has thousandths and a vertical cadastral number.
A co-ownership has a total of 1000 thousandths, and each co-owner holds a number of thousandths that is defined in relation to the size of his property, including the common parts.
The trustee is a natural or legal person, he is also the legal representative of the syndicate of co-owners, the mandate of a trustee is maximum three years and is renewable after vote of the general assembly with an absolute majority.
What is the role of a syndic of co-ownership ?
- To act in justice
- To carry out maintenance work
- To observe the respect of the rules of co-ownership
- Conclude contracts to buy or sell
- To maintain general assemblies
- Intervene for urgent works
- Establish the budget and do the accounting
- Advise the co-owners
In parallel, there is also the syndic of co-owners
What is a syndicate of co-owners?
A syndicate is the legal representative of the community, with a legal personality which is automatically created when the first lot is sold.
It is the syndicate that makes the decisions and not the syndic.
In a condominium, are there common parts and private parts?
- PRIVATE PARTS: belong to one or more co-owners - COMMON PARTS: belong to the syndicate of co-owners (e.g.: stairwell, technical premises, garbage rooms, foundations, load-bearing walls)
In a condominium, are there common facilities?
- The facilities that are owned by a few co-owners and not by all co-owners.
- Participation is based on the degree of usefulness of these elements for each lot
Is the general meeting of co-owners mandatory?
There are different steps for the general assembly:
- send a letter of convocation to all the co-owners (with the date, time and place of the meeting)
- the trustee maintains an attendance list for the co-owners of each thousandth
- The syndic is able to give a count for each co-owner once a year after the GA.
What is the majority in a general assembly and what is it used for?
There are four different majorities:
- Simple majority
- Absolute majority
- Majority of % OR double majority
- Simple majority: it is applied, concerning the decisions of the annual budget, monthly advances, reserve funds, working capital, maintenance work or repair of cracked or broken facades.
Majority of thousandths present and represented approved if > 300/1000 vote for.
- Absolute majority: it applies when we talk about any appointment/revocation of the syndic and the syndical council, and give authorization to some co-owners, maintenance and improvement works, cracked facade and bad energy pass certificate, new insulating facade.
_Approved if > 500/1000 vote for it (so 500/1000 must attend the GA). _
- Majority of % OR double majority: When changing the acts of disposal, acts of real estate acquisition (renting a common garden or giving, modification of the condominium regulations, improvement of cracked facade and bad energy passport certificate, new insulating facade).
(even a single garage owner counts for the decision of the general assembly)
at least 750/1000 of ALL co-owners + majority of ALL co-owners
- Unanimity: all modifications of the distribution of charges, change of the destination of the private parts (installation of a medical cabinet in the apartment) it does not concern the works.
If only one co-owner votes against, even if he only owns one place, then the vote does not pass.
Approved if 1000/1000 vote for.