Union of co-owners

The syndicate of co-owners exists automatically, without any administrative formalities (neither declaration nor registration), as soon as an immovable or a group of immovable is divided into at least 2 batches, belonging to different owners and each comprising a privative part and one share of common areas.

The syndicate of co-owners is thus born when the co-ownership appears, that is to say:

• From 1^er transfer of ownership (sale) of a batch in case of co-ownership of an existing built building
• From the delivery of 1^er lot for buildings to be built.

To justify the existence of the syndicate of co-owners, it is sufficient to produce the condominium rules and to indicate the name of the trustee in charge of the management of the building.

Yes, the syndicate of co-owners has its own rights.

This is because the syndicate of co-owners is a legal person separate from co-owners. In other words, the group constituted by all the co-owners has a legal personality independent of the members which compose it.

As a legal person, it has:

• An own heritage distinct from that of the co-owners
• The ability to take legal action, including against certain co-owners
• Management and decision-making powers limited by its purpose (conservation, improvement of the building, administration of common areas) and by the individual rights of co-owners.

These rights are therefore unique to the union, even if they are exercised to defend a private collective interest (the interest of all co-owners).

The trade union is identified by:

• Sound name. In practice, the name is fixed by the condominium rules. In the absence of a specific name, the syndicate of co-owners is designated by the address of the immovable.
• Sound seat. The registered office is generally the postal address of the location of the immovable unless the co-ownership by-law indicates that it is the domicile of the syndic of co-ownership. All notifications, formal notice or meanings of interest to the syndicate of co-owners must be made at its headquarters or at the home of the trustee.
• And his registration the National Register of Condominiums (RNC).

The syndicate of co-owners may have 2 shapes different:

• Ordinary when he has chosen a trustee professional or non-professional (volunteer) to manage and administer the building. This is the most preferred form in practice
• Or cooperative. We're talking about a cooperative union. The building is then managed and administered by the members of the union council, designated at the general meeting by the co-owners.

The syndicate of co-owners has 3 missions.

In order to carry out its missions, the syndicate of co-owners has several powers. In particular, it:

• Establishes the condominium by-law, if it does not pre-exist to the condominium, and modifies it according to the needs of the condominium and legal or regulatory obligations
• Sets the conditions of use and maintenance of common areas
• Designates or revokes the trustee
• Designates the members of the union council
• Vote on provisional budget every year
• Constitutes the mandatory works funds
• Concludes contracts in the name and on behalf of the condominium

• Performs acts ofacquisition,alienation or the creation of rights (e.g. citizenship or easement) that will increase the common parts of the building
• Decides on the works on the building (maintenance and conservation works, improvement works, etc.)
• Can use a group loan to finance works on common areas
• Acts in court on behalf of the condominium. He can initiate legal action against a third party (supplier, service provider, craftsman, neighbor ...) or co-owner. It can also defend the interests of the condominium when it is sued in court.

The syndicate of co-owners may be held liable in 2 cases.

The syndicate of co-owners takes legal action to defend the collective interests of the building.

For example, it may bring an action before the court against a third party (supplier or provider of co-ownership) in the event of difficulties related to the performance of a contract (absence or poor performance of the service) or against a co-owner in the event of abnormal neighborhood disorder or unpaid charges.

The syndicate of co-owners is obliged to act through the trustee in co-ownership or the president of the trade union council.

The syndicate of co-owners disappears in 3 cases :

• By unanimous decision of all co-owners to end the state of co-ownership of the immovable. This hypothesis concerns buildings composed of several buildings and for which the division into separate ownership is possible, that is to say when one or more buildings belong to a single co-owner. This or these buildings will be removed from the syndicate of co-owners to form an individual property. This division into autonomous buildings may also be imposed by the judge, at the request of the'provisional administrator, in the case of condominiums in difficulty.

• By total disappearance of the building in the event of material destruction of the building (collapse, fire, explosion, flood, ruin due to obsolescence) and on the condition that the co-owners decide not to rebuild the building at a general meeting

• By the meeting all batches in the hands of a single owner. There is then a reconstruction of a unified private property. This situation results from the acquisition of all the lots by the same natural or legal person, of a business intake of all the lots of the building or theexpropriation of the entire building for reasons of public utility.