What is a syndic of co-ownership ?

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Rudolphe ABEN

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
  • Unanimity

- 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.