Can the current term of a condominium trustee be terminated?

Reason for termination of contract

The board of trade unions may ask to terminate the trustee's current contract if facts who are accused of sufficiently serious.

This decision is taken in the event of shortcomings of the liquidator in the performance of his duties.

The mere loss of confidence in the trustee cannot therefore be mentioned.

These may include, for example, the failure to carry out urgent or voted work at a general meeting, the failure to pay suppliers, employees or condominium providers, or the failure to open a separate bank account in the name of the joint owners' union.

Procedure for termination of contract

To terminate the trustee's contract, the following steps must be followed:

1. The board of trade unions must ask the trustee to register on theagenda of a general meeting, the question of the termination of his mandate. This the request must be reasoned, specifying the non-performance or non-performance alleged against the liquidator. Notification shall be by registered letter with acknowledgement of receipt.
2. The trustee must convene a general meeting in a 2 months from 1^era presentation of the registered letter, where the President of the Trade Union Council has so requested. If the liquidator has not sent the notice within the time limit, the President of the Board of Trade Unions shall convene the general meeting.
3. The general meeting of the co-owners decides on the question of the termination of the trustee contract. The decision to adopt the trustee's contract must be voted on by the absolute majority of co-owners. The joint owners shall also fix the effective date of the termination of the contract. It must intervene at the earliest 1 free day after the general meeting.
   If, at the same meeting, the syndicate of co-owners appoints a new liquidator, it shall fix the effective date of its contract. This clarifies the succession between the outgoing and the new trustee.

Compensation in the event of wrongful disruption

In the event of termination of the trustee's contract without a legitimate reason (not justified by a sufficiently serious failure to perform), the trustee may institute legal proceedings against the syndicate of the co-owners. If the breach is considered to be unfair, the liquidator may obtain compensation for the fees he would have received up to the normal end of his contract.

The trustee may decide to terminate his contract before its expiry.

Reason for termination of contract

The trustee must provide proof of one or more sufficiently serious non-executions from the condominium union.

In principle, these are breaches of co-ownership that prevent the trustee from carrying out or carrying out his duties properly.

This is the case of pressure or aggressive behavior towards the trustee, a recurrent and abusive refusal by the co-owners to vote on the decisions necessary (provisional budget, works, etc.) for the management and conservation (i.e. maintenance) of the building, or a distressed joint ownership (very degraded or financially in crisis).

Procedure for termination of contract

To terminate the contract with the co-owners' union, the trustee must:

1. He must inform the president of the trade union council, or in the absence of a trade union council, all the co-owners, of his willingness to break the contract. The trustee must give reasons for its decision specifying the non-execution(s) alleged against the syndicate of the co-owners.
   This notification allows the union council, or co-owners, to organize a competitive tendering of trustee contracts to replace the outgoing trustee.
2. In a minimum 2-month period following the notification, the liquidator shall convene a general meeting. He shall be registered in theagenda the question of the appointment of a new trustee.
   Termination of the contract shall take effect at the earliest 1 free day after the general meeting.
   When at this general meeting the syndicate of co-owners appoints a new liquidator, it shall fix the date on which its contract shall take effect. These measures aim to secure the transition and avoid interruptions in the management of the condominium.