Co-ownership Trade Union Council

In principle, the constitution of a trade union council is obligatory. This is a legal obligation. It is therefore not necessary that the co-ownership rules mention or not the existence of a trade union council.

However, there are 3 exceptions to this legal obligation:

• When the joint owners' union waive the formation of a trade union council. This waiver must be voted at the general meeting of the co-owners at the double majority (Article 26). The co-owners are not, however, definitively bound by this decision. They may thus choose, at another general meeting, to set up a trade union council. This decision shall be voted on by the absolute majority (Article 25).
• When no candidate presents himself or does not obtain the required majority. In this case, the union council may be appointed by the judge, at the request of the trustee or a co-owner.
• In the small condominiums.

All co-owner, their ascendants or descendants, partners in the event of a civil property business, buyers or purchasers on a fixed-term basis (variant of life-buying), their spouses, partners linked to them by a Civil partnership, their legal representative, or their usufructuaries may be members of the trade union council.

This may be a natural person (individual) or a legal person.

Where a legal person is appointed as a member of the trade union council, it may be represented there, either by its legal or statutory representative or by a specially authorized proxy holder (person with the powers of a proxy holder) for that purpose.

To be a member of the union council, you must be appointed by the general meeting of the co-owners. This appointment shall be voted on by the absolute majority (so-called majority of Article 25).

If an absolute majority is not obtained, but the candidature has received at least one third of the votes of all the co-owners, a new vote may take place immediately, at the simple majority (so-called majority of Article 24).

Each member of the trade union council may be nominated:

• Prior to the general meeting, the person must inform the trustee before sending the summons
• During the general meeting.

The general meeting of the co-owners elects the members of the union council, one by one.

In principle, the trade union council is a collegial body composed of several members.

No text does not, however, impose a minimum number of members to be composed of the trade union council.

The number of members is determined by the general meeting or the condominium rules. In practice, however, a minimum number of 3 members is recommended.

The operation of the trade union council shall be determined by the co-ownership rules. If nothing is provided for in the co-ownership regulation, the rules on the organization of the trade union council (number of members, duration of the mandate, the existence or not of alternates, the holding of meetings, voting etc.) are fixed by the general meeting of the co-owners, which votes on the simple majority.

Once elected, the members of the trade union council elect their president among them.

The president's tasks are to:

• Prepare and convene union council meetings. He moderates the debates, divides the tasks between the members.
• Forward the union council's opinions to the trustee, co-owners or third parties. He receives the information from the trustee and distributes it to the advisors.
• Convene General Meeting annual co-owners in the event of the trustee's inaction. He may, on delegation from the general meeting of the joint owners, appeal against the liquidator in the event of his failure or inaction for the damage suffered by the joint owners' union.

Each year, the trade union council reports to the general assembly on the execution of its mission by means of an activity report attached to the meeting notice.

The members of the trade union council are not paid. They shall perform their duties free of charge.

The expenses necessary for the execution of their mission shall be paid by the co-owners, within the framework of the current expenses included in the provisional budget.

The members of the trade union council are elected for a term of office up to 3 years. The term of office shall be renewable by a vote in the General Assembly of the absolute majority.

The term of office of the members of the trade union council shall end in the following ways:

• By resigning. In practice, the president of the union board and the trustee must be informed of the resignation.
• By the revocation of their mandate. This decision is taken by the co-owners at the absolute majority
• When they lose the status that allowed them to be a member of the union council (sale of the lot, death, etc.).

Each member of the trade union council may commit his civil liability or penal in the performance of its tasks, vis-à-vis the syndicate of co-owners, co-owners or third parties. In practice, only serious misconduct is liable to be punished on account of the voluntary nature of the duties of a member of the trade union council.

The syndicate of co-owners must take out insurance for each member of the trade union council to cover their civil liability.