Can the current term of office of a condominium trustee be terminated?

Reason for termination of contract

The trade union council may ask to terminate the trustee's current contract if the facts who are reproached to him are sufficiently serious.

This decision takes place in the event of breaches the trustee in the performance of his duties. These may include, for example, the failure to implement urgent or voted works at a general meeting, the failure to pay suppliers, employees or co-ownership providers, the failure to take out compulsory insurance or the failure to open a separate bank account in the name of the syndicate of co-owners.

The mere loss of trust in the trustee or a one-off disagreement cannot therefore be discussed.

Procedure for termination of the contract

To terminate the trustee's contract, it is necessary to follow the following steps:

1. The union council must ask the trustee to enroll in theagenda of the next general assembly the question of the termination of his mandate. This the request must be reasoned, specifying the non-performance(s) alleged to have been committed by the trustee (detailed failures). It is done by registered letter with acknowledgement of receipt.
   The President of the union council may formally request the convening of a general meeting to the trustee. In this case, the trustee must call the desired general meeting in a 2 months from 1^era presentation of the registered letter. If it does not comply within the deadline, the president of the union council convenes the general meeting.
2. The general meeting of the co-owners decides on the question of the termination of the trustee contract. The decision to terminate the trustee's contract must be voted on at the absolute majority of co-owners. The co-owners also set the effective date of the termination of the contract. It must intervene as soon as possible 1 free day after the general meeting.

If, at the same meeting, the syndicate of co-owners appoints a new trustee, it shall fix the date on which its contract takes effect. This clarifies the succession between the outgoing trustee and the new trustee.

Compensation in case of improper termination

In the event of termination of the trustee's contract without legitimate reason (not justified by one or more sufficiently serious non-performance), the trustee may bring legal action against the syndicate of co-owners. If the rupture is considered as abusive, the trustee may obtain a compensation (damages) corresponding to the fees he would have received until 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 prove one or more sufficiently serious non-executions from the syndicate of co-owners.

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

This is the case of pressure or aggressive behavior towards the trustee, a recurrent and abusive refusal of co-owners to vote the necessary decisions (provisional budgetworks, etc.) to the management and conservation (i.e. maintenance) of the immovable, or of a condominium in difficulty (very degraded or financially in crisis).

Procedure for termination of the contract

To terminate the contract with the syndicate of co-owners, the trustee must follow the following steps:

1. He must inform the President of the union council (or, in the absence of a trade union council, all co-owners) of his willingness to break the contract. The trustee must state the reasons for its decision specifying the non-performance(s) alleged against the syndicate of co-owners.
   This notification allows the union council (or co-owners) to organize a competitive bidding of the trustee contracts to replace the outgoing trustee.
2. In a minimum 2 months delay following the notification, the trustee convenes a general meeting. He's enrolled in theagenda the issue 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 the syndicate of co-owners appoints a new trustee at this general meeting, it sets the date on which its contract takes effect. These measures aim to secure the transition and avoid interruptions in the management of the condominium.