Syndic of condominium

Répondez aux questions successives et les réponses s’afficheront automatiquement

Financial and accounting management

The trustee ensures the accounting and financial management of the condominium. This mission includes in particular:

• The establishment of the provisional budget of co-ownership.
  The liquidator shall draw up the provisional budget, in consultation with the union council, and has it voted annually by the general meeting of co-owners

• The keeping of separate accounts of the syndicate of co-owners.
  The trustee must record all expenses (insurance costs, cleaning, caretaker, water, elevator, etc.) and receipts the syndicate of co-owners (for example, payment of charges) in a document called general ledger. He must also draw up the annual accounts and have them voted at the general meeting

• Management and recovery of the costs of the condominium.
  The trustee establishes the amount of loads due by each co-owner and send the substantive appeals correspondent. He must also take care of the recovery of expenses unpaid

• Opening a separate bank account in the name of the syndicate of co-owners.
  The trustee must open a separate bank account in the name of the syndicate of co-owners, in the 3 months of designation. The concept of a separate account means that the account must belong to the syndicate of co-owners itself, and not to the trustee. Thus, on bank statements, the account holder must be the syndicate of co-owners. All monies received in the name and on behalf of the syndicate of co-owners must be paid into this account.

• Opening a specific account for the mandatory works funds

• The subscription of a collective bank loan
• The opening of a specific account for collective borrowing.

Administrative management

In particular, the trustee must fulfill the following tasks:

• Register the building in the national register of condominiums

• Perform and update the summary sheet of the condominium

• Establish and update the list of all co-owners with indication of their batch, civil status, domicile and their e-mail address
• Have the condominium rules and the decisions taken at the general meeting of co-owners

• Organize the holding of a annual general meeting
  The trustee must prepare, summon and be present at the general meeting. He must also draw up the minutes of the meeting and send them to all co-owners

• Administer the building, ensure its conservation, maintenance and, in case of emergency, enforce the necessary works.
  The trustee is responsible for managing the building on a daily basis to ensure its proper operation and maintenance. It must, in particular, maintain the common areas of the building (for example, arranging for cleaning, minor repairs or maintenance of the elevator) and ensuring the safety of occupants (for example, ensuring compliance with fire standards).
  He must also register in theagenda of the general assembly, all works that it deems useful or necessary for the preservation of the building (for example, roof repairs, renovation, energy renovation, etc.).

• Subscribe to an employment contractproperty and casualty insurance and to report claims affecting the common areas

• Take out a contract of insurance against the risks of civil liability for which the syndicate of co-owners must answer.
  This insurance covers, in particular, damage suffered by a co-owner or a third party as a result of the common parts of the building

• Obtain the authorization of the general meeting to sign contracts with any company or service provider who is linked to the trustee
• Establish and update the building maintenance log

• Represent the syndicate of co-owners in acts of civil life (for example, conclusion of contracts with the providers or suppliers of the building), acts ofacquisition oralienation of the common and judicial parts
• Inform co-owners and occupants that a building is the subject of a procedure falling within the scope of the security police and health buildings, premises and facilities
• Manage the archives of the syndicate of co-owners
• Manage the employees (for example, caretaker) of the condominium.

As such, the trustee hires and terminates the contract the staff employed by the syndicate of co-owners and sets the conditions of his work.

Communication of documents of the condominium

The trustee must offer online access to documents concerning the management of the building or buildings. batches managed condominiums.

Online access must be secure. It must be accessible to members of the union council and to co-owners by means of a personal code.

The documents made available must be downloadable and printable.

This access must be differentiated according to the nature of the documents made available:

Non-renewal of mandate

The condominium may decide not to renew the trustee's contract. The condominium must then register with theagenda a general meeting of co-owners held in the 3 months preceding the end of the contract :

• Appointment of a new trustee
• The setting of an early end date.

Where the trustee has taken the initiative, he must inform the union council of his intention not to conclude a new contract no later than 3 months before the general meeting of the co-owners.

During the general meeting, the co-owners appoint a new trustee and set the dates for the end of the current contract and the start of the new contract, which must take place at the earliest 1 free day after that meeting.

Early termination of mandate

In some cases, it is possible to terminate the trustee's current mandate.

Civil liability of the trustee

The civil liability of the trustee may be incurred by the syndicate of co-owners, one or more co-owners or third parties.

Liability to the syndicate of co-owners

The trustee is the agent of the syndicate of co-owners. Due to the signing of the trustee contract that binds the parties, the trustee has a so-called contractual liability with respect to the syndicate of co-owners.

This means that, in order to incur liability, the syndicate of co-owners must prove that:

• The trustee has performed his duties incorrectly or incompletely
• And that this fault is the cause of damage (financial or material).

In this case, it is possible to take legal action to repair the damage suffered by obtaining damages and interest. It is also possible to request the revocation of trustee's mandate.

For these legal actions, it is recommended to be accompanied by a lawyer.

Liability to co-owners

By its actions, the trustee may harm the interests of one or more co-owners.

To incur the liability of the trustee, the co-owner concerned must prove that:

• The trustee has improperly or incompletely performed his duties or committed a fault unrelated to his duties

• And that this fault is the cause of personal damage (financial, material or moral).

In this case, it is possible to take legal action against the trustee to obtain financial compensation, by the payment of damages, for the damages suffered. It is recommended to be accompanied by a lawyer.

Liability to third parties

The trustee is also responsible for his actions, personally and in the course of his duties, with regard to third parties. These include employees of the syndicate of co-owners, tenants, suppliers, service providers or neighbors.

Criminal liability of the trustee

The criminal liability of the trustee may be sought if he commits, in the exercise of his duties, a fault which corresponds to a criminal offense.

It is possible to classify them into 3 categories:

1. Violations committed intentionally, including in the context of financial management (e.g. breach of trust, fraud, embezzlement)
2. Offenses committed unintentionally, which result from recklessness, negligence or inattention (for example, unintentional injuries due to lack of maintenance or supervision)
3. Violations of special legislation. This is particularly the case for breaches of urban planning regulations (e.g. works that do not comply with the building permit), hygiene or safety regulations, health regulations or labor legislation (e.g. concealed work).

1Identify the trustee's fault

First of all, it is imperative to identify the trustee's failure to perform his duties.

Similarly, it must be ensured that this fault is the cause of the damage suffered. In other words, the damage must be a consequence of the alleged fault.

2Estimate the damage suffered

Secondly, the damage suffered must be valued, i.e. the amount must be estimated in order to obtain fair compensation. This evaluation can be done, for example, by means of quotations or invoices.

3Notify the trustee

In addition, it is necessary to send a letter of formal notice to the liquidator who contains:

• A breakdown of the facts, the alleged failures/mistakes and the damage(s) suffered
• A request for financial compensation and/or the correction of the criticized acts within a reasonable time.

This letter must be sent by registered letter with acknowledgement of receipt.

4To have an authorization to take legal action voted at a general meeting

This preliminary step is mandatory only in the context of a legal action desired by the syndicate of co-owners against its trustee.

Two situations are to be distinguished:

1. Legal action against a former trustee

In this case, the current trustee must be authorized to take legal action by a decision of the general meeting.

This authorization shall state:

• The subject of the legal claim
• The persons concerned
• And the nature of the action (liability action).

The authorization granted to the trustee must be adopted by a majority of the votes of the persons present, represented or having voted by post (majority referred to in Article 24).

2. Legal action against the liquidator in office

The President of the union council must convene a general meeting of co-owners to obtain an express delegation to act against the defaulting trustee, in the event of deficiency or inaction by the trustee.

5Bringing a legal action

Finally, if the trustee does not react or persists in his faults, it is possible to bring a legal action before the court of the defendant's domicile (seat of the trustee).

If the amount of the dispute is less than or equal to €10,000, it is recommended to be accompanied by a lawyer.

If the amount of the dispute is greater than €10,000, it is mandatory to be represented by a lawyer.

If the trustee has committed one or more criminal offenses, it is possible lodge a complaint against him.