Condominium in difficulty: intervention of a provisional administrator

Verified 28 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)

Your condominium is experiencing serious financial difficulties or the syndicate of condominiums can no longer ensure the conservation from the building? A provisional administrator may be appointed by a judge to take the necessary measures to restore the normal functioning of your condominium. We're taking stock of the regulations.

A condominium is said to be “in difficulty” when it is in one of the following situations:

  • THEfinancial balance of syndicate of co-owners is severely compromised. This means that the financial situation is no longer sufficient to cover the building's current expenses. For example, this is the case when the union's accounts show a significant deficit (of several thousand euros), invoices remain unpaid over a prolonged period, and some key service providers, such as the company in charge of the maintenance of the elevator, suspend their interventions or guarantees due to these unpaid payments.
  • Or the syndicate of co-owners is in the impossibility from maintain the building in good general condition. This is the case of a failure to carry out maintenance or maintenance work leading to the deterioration of the building (for example, water infiltration into the never-treated common areas leading to an infestation of merulus presenting a risk to the structure of the building).

In this case, the use of a provisional administrator is necessary.

The provisional administrator must be appointed by a judge. Below are the steps in the procedure that begins with the referral of the judicial tribunal and ends with the judge's decision.

Referral to the President of the Judicial Tribunal

The president of the judicial tribunal of the place where the immovable is situated is the only judge competent to appoint a provisional administrator.

Who shall I contact

The court may be seised by:

  • Co-owners representing together 15% at least the votes of the syndicate of co-owners
  • The trustee
  • The mayor of the location of the building
  • The President of the public inter-municipal cooperation institution (EPCI: titleContent) competent in the field of housing
  • The State representative in the department (prefect)
  • The public prosecutor
  • The ad hoc representative designated under the difficulty prevention procedure the syndicate of co-owners.

Where the application is initiated by the liquidator or the public prosecutor, the matter shall be referred to the judge by a query. It must be accompanied by the documents justifying the request, in particular the accounting information.

It shall be submitted to the judge after consultation with the union council.

FYI  

The trustee does not need authorization from the general meeting to bring this application before the judge.

In other cases, the President of the judicial tribunal shall be seised by a assignment issued to syndicate of co-owners, represented by the trustee. This act must detail the reasons (reasons) for the request in fact (statement of the situation) and in law (laws). It is recommended to be accompanied by a lawyer for this procedure.

Warning  

Whatever the origin of the request, any request for the appointment of a provisional administrator of the trade union must be communicated to the public prosecutor.

Conduct of proceedings before the judge

The judge begins by verifying that the application is admissible. This means ensuring that the person initiating the procedure has the right to act and that the procedure has been initiated in accordance with the prescribed procedures (by request or by summons).

It then examines the merits of the application. In concrete terms, it checks whether the condominium is really experiencing difficulties that are sufficiently significant to justify the appointment of a provisional administrator.

Before making his decision, the judge may also hear any person he considers useful (for example, co-owners, the existing trustee or other stakeholders), in order to better understand the situation.

Order designating interim administrator

In granting the application for the appointment of a provisional administrator, the judge's decision must:

  • Identify the facts that justify the difficulties encountered by the condominium
  • Designate a provisional administrator. The provisional administrator may be a insolvency administrator, a natural person (an individual), a legal person with a particular experience or qualification or ad hoc representative it has been designated as part of the preventive measures. The existing trustee cannot be appointed as the interim administrator of the condominium. Indeed, the interim administrator must be independent of the trustee, the syndicate of co-owners and creditors (no financial ties, advice, subordination and no interest in the mandate entrusted).
  • Set the duration of the temporary administrator's assignment, which may not be less than 12 months (1 year)
  • Define the scope of the provisional administrator's mission. The judge specifies the powers of the trustee and the union council that are transferred to the interim administrator. It may also entrust all or part of the powers of thegeneral meeting of co-owners.
  • Determine the remuneration of the interim administrator. This is a flat rate and varies according to the number of lots in the condominium. However, when the condominium comprises 500 lots or more, the remuneration is fixed by the judge according to the expenses incurred and the missions accomplished.

Conversely, if the court considers that the conditions are not met, it may reject the application by reasoned decision, considering in particular that the difficulties invoked are not sufficiently serious or do not justify the establishment of a provisional administration.

FYI  

The order shall be brought to the attention of the co-owners within one month of its pronouncement. The provisional administrator must, in fact, inform them by delivery against payment, registered letter with acknowledgement of receipt or by email. He must attach a copy of the order that designated him. A copy of the designation order shall also be sent by the registry of the judicial court to the public prosecutor, the prefect, the mayor of the municipality and the president of the StateEPCI: titleContent.

The President of the Judicial Tribunal may at any time modify, extend or terminate the remit of the provisional administrator at the request of the provisional administrator.

The interim administrator shall be responsible for taking the necessary measures to restore normal operation of the condominium.

FYI  

A provisional administrator may also be appointed to liquidate the debts of the syndicate of co-owners in the event of expropriation or dissolution of the union.

To achieve this objective, the judge entrusts him with:

  • All the powers of trusteewhose term of office shall cease without compensation. The interim administrator will, for example, manage the accounts and funds of the syndicate of co-owners, enforce the decisions taken within the framework of its mission, represent the co-ownership in court and in all acts of civil life or continue the recovery of unpaid debts.
  • All or part of the powers of thegeneral assembly, with the exception of those which permit theacquisition oralienation and the modification or establishment of the condominium rules
  • All or part of the powers of union council.

The union council and the general meeting of co-owners continue to exercise powers that are not included in the provisional administrator's mission.

Please note

Unless there is an emergency, when vested with the powers of the general meeting, the director must obtain the opinion of the union council before any decision is made. Similarly, it can summon the co-owners to inform and hear them.

The role of the interim administrator is thus mainly to:

  • Cleaning up the financial situation of the building (catching up on unpaid debts, negotiating with creditors, reorganizing the treasury)
  • Carry out the work necessary for the conservation of the building and security (urgent work, imposed work, etc.)
  • Search for means of financing (borrowing, specific calls for funds, mobilization of work fundgrants, etc.) to restore the functioning of the building.

In principle, the provisional administrator personally executes the mission entrusted to him. However, it may request the President of the judicial tribunal to appoint a third party to assist it, where the task requires particular technical expertise. Similarly, he may request to be assisted in his duties by a trustee of collective interest.

FYI  

As soon as the interim administrator makes a decision on the condominium, he or she must indicate it on the register of minutes of general meetings. He must also send a copy of the decision or decisions to each co-owner, with if necessary the corresponding call for funds.

The provisional administrator shall act under the supervision of the President of the Judicial Tribunal.

The provisional administrator shall thus report, in writing, of his mission to the judge, at his request and at least once a year. This is a mission report.

Warning  

If no report has already been prepared by a ad hoc representative in the context of a preventive procedure during the previous year, the provisional administrator shall, no later than the end of the first six months of his mission, issue a interim report outlining the measures to be taken to rectify the financial situation of the syndicate of co-owners.

The interim administrator must file his report with the graft of the judicial tribunal. The latter then sends a copy to the public prosecutor, the syndicate of co-ownership, the president of the trade union council when there is one or, in his absence, to each of the members of the trade union council.

If the prefect, the mayor of the commune, the president of theEPCI: titleContent upon request, the registry of the court shall also send them a copy of the provisional administrator's report.

All such persons may submit their observations within a maximum period of two months after receipt of the copy of the report. These observations must be transmitted to the registry of the judicial court, which communicates them to the judge and the provisional administrator.

Similarly, the trustee must inform each co-owner the possibility of view the report of mission, at its bureau or any other place fixed by the general meetingduring working hours within one month of the submission of the report. An excerpt from the report can be attached to the mail. A copy of the report may be given to any co-owner who requests it and at his own expense, including by dematerialized means.

The appointment of the interim administrator shall entail, inter alia, the following consequences:

  • Immediate termination of the trustee's contract
  • Transfer of all powers from trustee to interim administrator
  • Transfer of all or part of the powers of the general meeting and the union council to the provisional administrator
  • Transmission by the trustee of all documents of the syndicate of co-owners
  • Suspension of the chargeability of receivables prior claims (excluding public or social security claims) for a period of 12 months (or up to 30 months at the request of the provisional administrator)
  • Interruption or prohibition of legal actions by all creditors seeking to order the debtor syndicate to pay a sum of money or to terminate a contract for non-payment of a sum of money
  • Stopping or prohibiting seizure proceedings that have not produced a attributive effect before the provisional administrator is appointed
  • Suspension of contractual clauses providing for late payment surcharges or penalties and automatic termination of the contract
  • Suspension of repayments of a group borrowing.

When the syndicate of co-owners is placed under provisional administration, the treatment of debts becomes collective and is organized in 2 stages, namely:

  • Declarations of receivables of all the union's creditors
  • A debt clearance plan prepared by the interim administrator and approved by the judge.

Declaration of claims

Deadline for declaring a claim

Within a period of 2 months upon appointment, the interim administrator shall inform the creditors of the syndicate of co-owners of his appointment.

For this purpose, it shall publish a notice in Bodacc: titleContent as well as in a newspaper of legal announcements of the department of the location of the building.

It must also warn, by all means, the creditors of the syndicate of co-owners whose identity is known, in order to allow them to transmit the elements necessary for the evaluation of the amount of their claims.

Creditors have 3 months to declare their claims from the appointment of the administrator.

Warning  

Claims declared out of time are excluded from the procedure. They are therefore not enforceable against it. These claims may nevertheless be taken into account if the creditor justifies that the absence of a declaration is not attributable to him.

Form of the declaration of claims

The declaration of claim shall be made to the provisional administrator by registered letter with acknowledgement of receipt.

It shall contain the following information:

  • Identity of the creditor and contact details of the person representing him
  • Amount of the claim due on the day of the decision to appoint the provisional administrator
  • Amount of amounts due after the decision to appoint the provisional administrator and their due date
  • Evidence of the existence and amount of the claim
  • Method of calculating interest
  • Nature of the guarantee (privilege or safety) with which the claim may be associated
  • Court seised if the claim is the subject of a dispute.

The supporting documents must be attached to the declaration of claim.

FYI  

Claims relating to an employment contract do not have to be declared (e.g. salary arrears of the guardian).

List of receivables

The provisional administrator shall verify the claims declared and establish a list of such claims.

FYI  

If all or part of a claim is contested, the provisional administrator shall inform the creditor concerned. The Committee then invites the State party to submit its comments and provide the necessary explanations. The creditor then has 30 days to answer it. After this period, no further dispute is possible.

The provisional administrator shall file the list of claims with the graft of the judicial tribunal. The Clerk shall cause the Bodacc: titleContent a notice to report this deposit.

At the same time, it shall inform:

  • By simple letter, creditors whose claim is admitted, specifying the amount withheld
  • By registered letter with acknowledgement of receipt, creditors whose claim has been rejected.

Creditors have 2 months from the publication of the list to contest its content with the president of the judicial tribunal.

Debt Clearance Plan

Interim clearance plan

The interim administrator will first develop an interim clearance plan.

This document shall include the overall schedule and the detailed schedule for the creditor concerned.

He is notified to each of the creditors by registered letter with acknowledgement of receipt or by letter delivered against payment. They have 2 months from this notification to submit their comments to the interim administrator.

Final clearance plan

The interim administrator shall then file the final clearance plan (final schedule of debt settlement) to the registry of the judicial court for it to be approved by the judge.

The plan shall contain the following information:

  • Statement of liabilities (reported and uncollectible)
  • Projected cash flow of the syndicate over the duration of the plan (including expenses necessary for the preservation of the building and possibly for the reduction of expenses and compliance with the plan)
  • Timetable for calls for funds from co-owners
  • Detailed deadlines by creditor.

Certain documents must be attached in particular:

  • List of works necessary for the financial recovery of the condominium and the preservation of the building
  • Indicative list of management measures and amicable or contentious procedures envisaged
  • Comments of the union council and creditors
  • Detailed report of unpaid co-owners
  • Inventory of goods likely to be sold
  • Draft enhanced provisional administration agreement if it exists.

FYI  

The final discharge plan submitted to the judge may not exceed 5 years.

The final settlement plan must be notified to all creditors, the union council and each co-owner by registered letter with acknowledgement of receipt, delivery against payment or electronically.

Creditors have a period of 2 months from this notification to bring a challenge before the judge.

If there is no challenge within that period, the judge must approve the plan at the request of the interim administrator. The probate order shall be notified to the creditors and to the trade union council together with the final settlement plan.

The discharge plan is implemented by the trustee at the end of the provisional administrator's assignment.

If the financial situation of the condominium does not allow to carry out the work necessary for the conservation, the security of the building, the protection of the occupants and the preservation of their health or the reduction of the condominium charges despite the presence of a provisional administrator, the judge may place the building under strengthened provisional administration.

An application for enhanced temporary administration may be made by one of the following persons:

  • Mayor of the municipality of the location of the building
  • President of theEPCI: titleContent competent in habitat matters
  • Prefect
  • Or the provisional administrator already appointed.

The applicant must draw up a file specifying the reasons for requesting placement under enhanced provisional administration and the public aid and accompanying measures mobilized to ensure the success of the procedure.

In the context of placement under enhanced provisional administration, the judge authorizes the provisional administrator to conclude a fixed-term agreement, on behalf of the syndicate of co-owners, with one or more operators competent in the field of project management and the development of project financing.

The decision of the judge shall be notified to the following persons:

  • Interested Parties
  • Mayor of the municipality
  • President of theEPCI: titleContent
  • Prefect.

The agreement with the operator shall include the following points:

  • List of legal, financial and technical studies necessary to define the content of the work and make the resulting technical choices
  • Provisional schedule of studies, choice of service providers and work
  • Nature of the work envisaged
  • Associated forecast financial envelope.

The judge peer the agreement between the operator and the provisional administrator.

The execution of the agreement may continue even if the provisional administrator's mission has been completed.

The agreement shall expire on the expiry of the term which it has fixed for itself.

Please note

The mayor of the commune or the president of the EPCI may at any time the procedure for declaring the state of deficiency of the condominium. The conclusion of the agreement is then suspended pending the decision of the judge, but the mission of the provisional administrator continues.

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