How to do it when the condominium no longer has a trustee?

Verified 03 July 2026 - Public Service / (Prime Minister)

The trustee is a mandatory body of the condominium. Its mission is to administer and manage the building. When the condominium is without a trustee, specific procedures allow for the appointment of a new legal representative of the immovable. The steps to be taken vary depending on the cause of the trustee's absence: non-appointment by the general meeting (GA) or another reason. We present you the information to know.

No designation by the GA

A condominium can end up without trustee due to theindecision of the general meeting of co-owners.

This is the hypothesis in which a general meeting was called in with, to sound agenda, the appointment of a trustee, but where no candidate has obtained the the required majority. The general meeting could not appoint a trustee.

In this case, the trustee is appointed by the president of the judicial tribunal.

The President of the judicial tribunal shall be seised by query on the initiative of:

  • Of one or more co-owners
  • Or the mayor of the commune
  • Or the president of the public inter-communal cooperation institution competent for housing of the location of the building.

The competent court is that of the location of the immovable.

Who shall I contact

It is mandatory to be accompanied by a lawyer for this procedure.

The judge will appoint a trustee whose mission is to administer and manage the building.

In particular, he must call a general meeting to appoint a trustee 2 months before the end of his duties.

FYI  

The mission of the judicial trustee automatically ceases as soon as a trustee is appointed by the general meeting and accepts his mandate.

Other reason

The condominium can end up without a trustee for various reasons. For example, in case of:

  • Death of the trustee (natural person)
  • Judicial liquidation or dissolution of the trustee business (legal person)
  • Outright closure of the trustee's office
  • Resignation of the trustee
  • Expiry of the trustee's mandate without convening of the general meeting to designate a new one
  • Cancelation by the judge of the trustee's mandate (case of annulment of the decision of the general meeting electing the trustee or invalidity for non-opening of a separate account within 3 months).

In this case, any co-owner can call a general meeting to appoint a new trustee.

This general assembly is exclusively concerned with the appointment of the trustee. Sound agenda must therefore be limited to the examination of the various applications submitted by the co-owner(s) on the initiative of the invitation to appear.

The co-owners meeting in general assembly then decide on these candidacies by voting for the candidate of their choice at the majority required.

In the absence of convening a general meeting by a co-owner, any interested party may refer the matter to the president of the judicial tribunal by query.

The competent court is that of the location of the immovable.

Who shall I contact

It is mandatory to be accompanied by a lawyer for this procedure.

The judge then designates a provisional administrator who will temporarily perform the duties of trustee. This judicial decision (order) determines the scope and duration of the duties of the provisional administrator.

FYI  

The order must be notified, in the month of its pronouncement, to all the co-owners.

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