Cooperative union
Verified 06 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)
The co-operative union is a alternative the management of a building by a professional trustee. What is a cooperative union and how does it work? We present you with the information you need to know.
The co-operative union is a form of joint owners' union. It allows for a collegiate management of the building by co-owners, without recourse to a professional liquidator.
The cooperative form can be adopted as soon as the co-owners' union is established. If this form was not chosen from the outset, several steps must be taken to move to the cooperative union.
1. Verify that the co-ownership rules allow this model
It is important to ensure that the co-ownership rules does not prohibit this form of management. If that is the case, the co-ownership rules will have to be amended to remove that prohibition.
2. To include on the agenda of the general meeting the transition to the cooperative form of the syndicate of co-owners
The adoption of the co-operative form of the condominium union must be decided at the general meeting. This question shall be voted on by an absolute majority.
There are certain features of the co-operative union that must be respected.
Compulsory formation of a trade union council
In the cooperative form trade union, except for small condominiums, the setting up of a trade union council is mandatory.
Appointment of the liquidator
The co-operative trustee is not directly appointed by the co-owners. Indeed, the general meeting of the co-owners only appoints the members (co-owners) who will constitute the trade union council. The trustee is then elected by the members of the board and chosen from among them. This election takes place, in principle, at a meeting of the trade union council held after the general meeting.
The co-operative trustee shall perform the functions of president of the trade union council.
The members of the trade union council may also elect, under the same conditions, a vice-president. Its function is to replace the trustee if the trustee is prevented from attending.
Please note
The co-operative trustee and vice-president must own one or more lots co-ownership.
Distribution of tasks
The president of the trade union council shall carry out all the duties of a condominium trustee.
Usually, however, the members of the trade union council assist him in this task. In this case, they divide up the different tasks and the president of the trade union council (also known as cooperative trustee) ensures the overall management of the co-ownership.
The cooperative trustee may also entrust certain tasks to external providers.
Prohibition on remunerating members of the trade union council
The duties of president and member of the trade union council may not be remunerated. No financial contribution may be paid to them for the performance of their tasks. They thus perform their missions pro bono.
Appointment of an auditor
The general meeting of the co-owners must appoint one or more persons to oversee the accounts of the co-operative union.
These may be:
- Of a co-owner, except the spouse, common-law partner, descendants, ascendants or clerks of the liquidator or one of the members of the trade union council or their partners linked to them by a civil pact of solidarity (Civil partnerships)
- Or a public accountant
- Or an auditor.
The appointment of the auditor shall be decided by a simple majority.
The auditor is thus responsible for the transparency and sound financial management of the syndicate of co-owners. It is required to report annually to the General Assembly on the performance of its tasks.
FYI
The term of office of the co-owner appointed to audit the accounts of the syndicate may not exceed 3 years. The term of office shall be renewable. It is never remunerated.
Mention of the cooperative form in the documents
In a cooperative trade union, the documents and documents drawn up on behalf of the union must specify its cooperative form.
The abandonment of the cooperative form of the union must be voted on by an absolute majority at the general meeting.