Syndical council of co-ownership

Verified 25 September 2026 - Public Service / (Prime Minister)

The trade union council is a mandatory body in all syndicate of co-owners. It plays an important role in ensuring the link between the trustee and the co-owners. The trade union council provides advisory, decision-making assistance and supervision of the trustee. Its organization and functioning are regulated by law, but co-ownership retains a freedom of organization. We explain the information to know.

The union council should not be confused with the syndic of co-ownership.

In principle, any co-ownership must have a union council. This is a legal obligation. It is therefore not necessary for the condominium rules whether or not there is a union council.

However, there are three exceptions to this obligation:

  • When the syndicate of co-owners decides not to form a trade union council. This waiver must be voted in the general meeting of co-owners at the double majority (referred to in Article 26).
    However, this decision is not final. The co-owners may choose, at another general meeting, to create a trade union council. This decision will be voted on at the absolute majority (referred to as Article 25).
  • Where no candidate is standing or obtains the required majority (absolute 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.

The law establishes a limiting list persons eligible for membership of the trade union council, namely:

  • The co-owners
  • The ascendants or descendants co-owners
  • Spouses or partners bound by a Civil partnerships to co-owners
  • Partners in the event of a real estate civil business
  • Buyers or term buyers (variant of thelife annuity purchase)
  • The legal representatives co-owners
  • The usufructuaries co-owners.

It 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 on that council either by its legal or statutory representative or by a specially authorized proxy (person having the powers of an agent) for that purpose.

Warning  

When the trustee is a professional trustee, the following cannot be members of the trade union council, even if they are otherwise co-owners or partners:

  • The trustee
  • Its employees (employees, collaborators)
  • Their spouses
  • Their partners linked to them by a Civil partnership
  • Their cohabitants
  • Their ascendants or descendants, parents in collateral line until 2è degree.

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

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

Each member of the union council may be nominated:

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

Please note

The condominium rules may impose specific rules governing the applications of members of the trade union council.

It's thegeneral meeting of co-owners who elects the members of the trade 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 make up the trade union council.

It's the general meeting or the condominium rules which determines the number of members. In practice, however, a minimum number of 3 members is recommended.

FYI  

One or more alternate members may be appointed, under the same conditions as the full members.

Assistance mission of the trade union council

The trade union council shall assist the trustee. He thus gives his opinion, spontaneously or at the request of the trustee, on all questions concerning the syndicate of co-owners.

The trustee must obligatory consult the union council in 4 cases:

  • Development of theagenda of the general meeting of co-owners
  • Realization of urgent works at the initiative of the trustee for the safeguarding (conservation) of the immovable
  • Appointment of a provisional administrator (case of syndicate of co-owners in difficulty)
  • Conclusion of contracts and contracts exceeding a certain threshold (e.g €2,000), voted in the general assembly.

Tendering of trustee contracts by the trade union council

Prior to the general meeting, the trade union council must carry out a competitive tendering several draft trustee contracts. In practice, this involves interviewing several trustees in order to obtain:

  • A draft contract
  • A factsheet on the price and the services offered.

These elements allow co-owners to compare the different proposals.

This call for competition shall apply in the case of the appointment of a new liquidator (revocation or non-renewal) or a renewal of the trustee's contract already in place. It makes it possible to anticipate the departure or retention of the trustee.

FYI  

If there has been no call for competition, the appointment of the trustee remains valid.

The trade union council may, however, be exempted from this task of calling for competition by a decision adopted by the absolute majority.

Supervisory mission of the trade union council

The trade union council controls the entire management of the syndic of co-ownership, including in particular:

To carry out this mission, all members of the union council can consult the documents relating to the management of the trustee and the administration of the co-ownership (e.g. emails, letters, registers). They can freely make copies of these documents.

This document review allows the union council to exercise effective control.

FYI  

The documents must be transmitted by the trustee. In the event of a failure to transmit more than one month from the request of the trade union council, €15 per day of delay shall be deducted from the annual flat-rate remuneration of the liquidator. These penalties are deducted from the trustee's remuneration when the accounts to be submitted to the GA are approved.

Delegation of powers by the trade union council

The general meeting of co-owners may delegate to the trade union council, composed ofat least 3 members, the power to take decisions by simple majority.

These may include, for example, decisions relating to the day-to-day administration of the building (fixing heating periods, renting the caretaker's box, etc.) or to the maintenance of the building (felling a tree for safety reasons, cleaning, snow removal, etc.).

Some subjects are nevertheless excluded from this delegation. These decisions are as follows:

  • Approval of accounts
  • Determination of the provisional budget
  • Adaptations to the condominium by-law made necessary by legislative and regulatory amendments.

This delegation of powers must be voted by the syndicate of co-owners at the general meeting of co-owners at the absolute majority.

The duration of the delegation of powers shall be at least maximum 2 years. She is renewable by a decision of the general meeting of co-owners.

FYI  

Decisions taken by the trade union council in the framework of its delegation mission shall be adopted by a majority of its members. If there is a tie, the vote of the president of the union council is preponderant (superior).

The general meeting shall fix the maximum amount granted to the trade union council to carry out its delegation mission. The amounts allocated are:

  • Either included in the estimated budget,
  • Be fixed at the General Meeting, when they relate to expenditure for works not included in the provisional budget.

Liability action against the trustee

The president of the trade union council may, in inaction or inaction of the trustee, bring legal proceedings against the trustee to seek compensation for the damage suffered by the syndicate of co-owners.

To do so, it must obtain an express delegation from the General Assembly, voted at the absolute majority. In practice, this means that the resolution passed must mention the agreement of the co-owners for the president of the union council to take legal action against the trustee.

The functioning of the trade union council shall be determined by condominium rules. If nothing is provided for in the condominium by-law, the rules relating to the organization of the union council (number of councilors, term of office, existence or not of alternates, holding of meetings, voting etc.) are set by the general meeting of the condominium owners which votes at the simple majority.

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

The President's duties are to:

  • Prepare and convene union council meetings. He animates the debates, divides the tasks between the councilors.
  • Forward the opinions rendered by the union council to the trustee, co-owners or third parties. He is the one who receives the information from the trustee and distributes it to the councilors.
  • Convening the general meeting annual co-owners in the event of inaction by the trustee. It may, on the delegation of the general meeting of co-owners, bring an action against the trustee in case of failure or inaction of the latter for the prejudice suffered by the syndicate of co-owners.

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

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

The expenses necessary for the performance of their mission are paid by the co-owners, as part of the current expenses included in the provisional budget.

The members of the trade union council are elected for a term of office of at most 3 years. This term of office is renewable by a vote at the general meeting at the absolute majority.

The term of office of the members of the union council ends in various ways, namely:

  • By resigning. In practice, the president of the union council and the trustee must be informed of the resignation.
  • By the revocation of their mandate. This decision is made 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.).

Please note

The trade union council is no longer validly formed when more than ¼ quarter of the seats are vacant, whatever the cause of this vacancy (illness, resignation, revocation...).) However, there is no need to re-elect the entire union council, as the incumbent members retain their mandate. The general meeting of co-owners must be convened only to replace members whose seat has become vacant.

Each of the members of the trade union council may civil liability or penal in the performance of its mission, vis-à-vis the syndicate of co-owners, co-owners or third parties. In practice, only serious misconduct is liable to be penalized because of the voluntary nature of the duties of a member of the trade union council.

The syndicate of co-owners must subscribe, for each member of the union council, an insurance that covers their civil liability.

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