How do I change my co-ownership trustee at the end of my term?

Verified 22 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

First, several draft trustee contracts must be put out to tender, and then the general meeting of the co-owners must be held to vote.

Step-by-step approach

The term of the contract of the condominium trustee is a maximum of 3 years.

However, if the trustee or the person he lives with as a couple or he is related (employees...) participated in the construction of the building as a developer or architect, the duration of the contract is 1 year maximum.

The joint owners' union may decide to renew or not to renew the trustee's contract for the same period. There are no particular reasons to report.

The trustee may also decide not to renew the contract at the end of his term of office.

If the syndicate of co-owners decides to change trustees, several draft trustee contracts must first be put out to tender to compare their services.

Such a call for competition must be made by the trade union council before the next general meeting of the co-owners who will decide on the appointment of the new trustee.

However, in two cases, competition is not compulsory:

  • If the condominium does not have a union council
  • Or if the general meeting of the previous year decides by an absolute majority of Article 25 not to put out to tender draft trustee contracts

Reminder

The absolute majority (referred to as majority of article 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).

If the decision has received at least of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).

A co-owner may also propose 1 or more draft trustee contract(s).

To this end, he must ask the trustee in place to place on the agenda of the general meeting, which is called to decide on the appointment of the new trustee, the examination of draft contracts and communicate them to him.

The request must be made by registered mail with acknowledgement of receipt before the convocation is sent to the general meeting of the co-owners.

This initiative does not replace the call for competition made by the trade union council.

Warning  

the contract or draft contract must comply with a standard contract, the content is regulatedRegulated Trustee Contract.

The draft contract must be accompanied by an information sheet on the price and benefits proposed by the trustee.

If these obligations are not complied with, the liquidator may be fined an administrative fine not exceeding €3,000 (if he is a natural person) or €15,000 (if it is a legal person).

The trustee must convene the general meeting of the co-owners before the expiry of his term of office to appoint the new trustee.

The draft trustee contracts must be annexed to the agenda of this general meeting.

The general meeting of the co-owners must vote for each application by an absolute majority of Article 25.

If no candidate obtains an absolute majority of Article 25 but one of them obtains at least of the votes of all the co-owners, the latter may make a 2nd vote in the same assembly by simple majority of Rule 24.

Reminder

The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.

The general meeting of the co-owners shall fix the dates for the end of the old trustee's current contract and for the new trustee's new contract to take effect. These dates shall take place at the earliest 1 free day after this meeting.

After the vote, the meeting secretary drafts the minutes (PV) of the general meeting of the co-owners.

The new trustee has 1 month from the holding of the general meeting to send the VP to the co-owners.

Please note

opposing or defaulting co-owners have 2 months to file a complaint with the court to annul the decision if an irregularity has been committed.

The former trustee must send documents to the new trustee within a certain period.

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