In the event of a change of trustee, what happens to the documents of the condominium?

The documents of the condominium do not belong to the trustee but at syndicate of co-owners. The trustee is only the custodian of these documents, i.e. he is responsible for keeping them during his mandate.

That is why, when there is a change of trustee, the outgoing trustee must hand over the archives of the condominium to the new trustee. This legal obligation is intended to ensure the continuity of the management of the building and to avoid any malfunction.

The law thus provides for the transmission of several documents and information between the two trustees within a specific time frame (15 days, 1 month and 2 months). These are delays in days or months calendars.

Documents to be submitted within 15 days of termination of the trustee's duties

• Cash position of the condominium
• References of the bank accounts of the syndicate of co-owners and bank details

These documents may be delivered in paper or dematerialized format, provided that they are downloadable and printable.

Documents to be submitted within 1 month of the end of the trustee's duties

The trustee must transmit theall documents and archives from syndicate of co-owners.

These are the documents:

• Legal and administrative (condominium rules, description of division, register of minutes of general assembly, list of co-owners with their contact details, maintenance book of the building, current contracts with suppliers and service providers, etc.)
• Accounting and financial (bank statements and balances of the condominium accounts, ledgers of the condominium, accounting balance, documents concerning outstanding payments and pending procedures, invoices and receipts of expenses, etc.)
• Technical and maintenance (mandatory technical diagnostics such as global technical diagnosis, asbestos, lead, energy performance diagnostics building plans, claims and insurance documents, etc.)
• For building staff (building employees' employment contracts, payslips, social declarations and Urssaf documents).

The elements related to the management of the building or the managed lots sent in a dematerialized way must have a downloadable and printable format.

The archives must be accompanied by a summary slip documents submitted. The trustee must deliver a copy of this slip to the union council.

The documents and archives of the union are laptops : it's at the former trustee d'address documents to the new trustee, not to the new trustee to go and get them.

Documents to be submitted within 2 months of termination of service

• Statement of accounts of co-owners and syndicate of co-owners after clearance and fence.

These documents may be delivered in paper or dematerialized format, provided that they are downloadable and printable.

If the trustee does not deliver the required documents on time

In case of refusal or delay in the transmission of the archives of the condominium, the new trustee or the president of the union council shall give formal notice to the former trustee to transmit the documents. Such formal notice shall be given by one of the following means:

• Registered letter with acknowledgement of receipt or electronic registered letter
• Act of the Commissioner of Justice (formerly judicial officer and judicial auctioneer)
• Discount against receipt or sign-in.

If the former trustee does not transmit the documents within the prescribed time, the president of the judicial court of the place where the immovable is situated may be seized to obtain:

• The delivery of documents, information and documents under on-call duty
• And possibly the condemnation to a provision to be made on damages and interest.