Condominium Trustee
Verified 01 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Changes in the duties of the liquidator
Published on 12 April 2024
The law no. 2024-322 of april 9, 2024 changes the duties of the joint-ownership trustee.
This page is being updated.
Each condominium must have a trustee to administer it and manage its finances. The trustee may be a professional or a non-professional chosen from the co-owners. The maximum term of office of the trustee is 3 years (1 year in some cases). This period shall be renewable. It is possible to terminate the trustee's current term of office.
Professional
A professional trustee is a person who practices in his own name or within a business. In order to carry out its mission, it must:
- Provide sufficient financial security to ensure that the co-ownership repays its funds in the event of bankruptcy
- Proof of professional indemnity insurance
- Possess a business card marked with condominium trustee issued by the Chamber of Commerce and Industry (CCI)
The trustee is the legal representative of the condominium pool.
In this capacity, he manages the finances and administration of the condominium. To this end, it must ensure that all the common areas of the building and its equipment.
Financial management
The trustee must carry out the estimated budget of the condominium, the accounts of the trade union and their annexes, and submit them to the vote of the co-owners.
He must open a separate bank account in the name of the union.
All monies received in the name and on behalf of the condominium pool must be paid into this account.
The concept of a separate account implies that the account holder is the syndicate of co-owners. The person appearing on the bank statements as the account holder must therefore be the syndicate of co-owners and not the trustee.
FYI
the fact that the name of the account mentions the name of the trustee or does not mention the name of the union implies that it is not a separate account.
Administrative management
The trustee shall perform the following duties:
- Perform and update the summary sheet of the condominium
- Make and update the list of all co-owners with details of their lot, marital status, domicile and, if they have given their consent, their email address
- Run the co-ownership rules and decisions of the General Meeting of Co-owners (GA)
- Administer the building, ensure its preservation, maintenance and, in the event of an emergency, have the necessary works carried out
- Representing the co-owners' union in court
- Establish and update the building maintenance log book
- Inform building occupants (owners and tenants) of decisions taken in AG
- Manage the archives of the co-owners' union
It must also organize a vote in AG on the following decisions:
- Subscription of a union liability insurance contract (in case of refusal, the trustee may subscribe this insurance on behalf of the union)
- Delegation to a company specializing in the management of the archives of the syndicate of co-owners
- Signing of contracts with any company or service provider associated with it
Establishment of online access to the documents of the co-ownership
The trustee must provide online access to documents that relate to the management of the property or the lots of co-ownership managed.
Online access must be secure. It must be accessible to union board members and co-owners by means of a personal code.
Documents made available must be downloadable and printable.
Such access must be differentiated according to the nature of the documents made available.
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Documents available to members of the trade union council
The liquidator shall at least make available the following documents:
- List of all co-owners
- General balances of accounts of the syndicate of co-owners and general statement of expenses and income for the financial year ended
- Periodic statements of separate bank accounts opened in the name of the syndicate of co-owners
- Legal summonses issued on behalf of the co-owners' trade union concerning ongoing legal proceedings and court decisions whose time limits for appeal have not expired
- Trustee's professional card, professional indemnity insurance certificate and valid financial guarantee certificate
FYI
if the liquidator does not forward the documents beyond one month to the trade union council which so requests, €15 per day of delay shall be deducted from his annual flat-rate remuneration. These penalties are deducted from his remuneration when the accounts to be submitted to the AG are drawn up.
Documents accessible to all co-owners
The liquidator shall at least make available the following documents:
- Co-ownership rules, descriptive statement of division and acts amending them if published
- Last summary sheet of the condominium
- Building Maintenance Log
- Technical diagnosis of the common parts of the building in force
- Property insurance contracts concluded by the trustee on behalf of the valid syndicate of co-owners
- All outstanding contracts and contracts signed by the trustee on behalf of the syndicate of co-owners
- Ongoing maintenance and servicing contracts for common equipment
- Minutes of the last 3 Annual General Meetings that were called to receive accounts and specifications of work approved at those meetings
- Trustee contract in progress
FYI
if the liquidator does not send the summary sheet after one month to the co-owner who requests it, €15 per day of delay shall be deducted from his annual flat-rate remuneration. These penalties are deducted from his remuneration when the accounts to be submitted to the AG are drawn up.
Documents relating to a co-owner's lot
The liquidator shall at least make available the following documents:
- Individual account of the co-owner after approval of the union's accounts by the annual AG
- Amount of current expenditure in the provisional budget and expenditure outside the provisional budget for the last 2 closed accounting years paid by the co-owner
- Amount of the portion of the work fund attached to the co-owner's lot after approval of the union's accounts by the annual AG
- Notice of call for funds addressed to the co-owner over the last 3 years
The appointment of the trustee is different depending on whether the joint ownership already exists or is newly created.
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Existing co-ownership
The trustee selected must be appointed by the AG during a vote by the co-owners at the absolute majority.
A prior call for competition for several draft trustee contracts must be made by the trade union council. Competition is not compulsory if the joint ownership does not have a trade union council or if the joint owners opposed it the previous year by an absolute majority vote.
FYI
draft contracts must be accompanied by a information sheet on the prices and benefits offered by trustees.
Any co-owner may also ask the liquidator to place on the agenda of the AG the examination of other draft trustee contracts that he communicates to it for this purpose.
The projects are presented to the co-owners before they proceed to the trustee's vote.
If no liquidator has been appointed by the AG convened for this purpose, the court must be seized in order to appoint a trustee. This may be the case if the term of office of the liquidator in office expired before he was put out to tender.
A court referral must be made by one of the following persons:
- One or more co-owners
- Mayor of the municipality or president of the public institution for intercommunal cooperation (EPCI) responsible for housing
New co-ownership
An interim trustee must be designated by the co-ownership rules drafted by the promoter or by any other agreement between the promoter and the co-owners.
This temporary trustee has the task of bringing together the 1re AG who will appoint the trustee. He may be retained in his duties by decision of the AG, after several trustee contracts have been put up for competition beforehand by the trade union council, if one exists or by the co-owners.
FYI
draft contracts must be accompanied by a information sheet on the prices and benefits offered by trustees.
The trustee selected must be appointed by a vote of the co-owners at the absolute majority.
The mandate given to the trustee to manage the administration and finances of the condominium takes the form of a standard contract whose content is regulated.
The standard contract of the liquidator shall lay down the following:
- Term of office (with start and end dates)
- Conditions of the remuneration
- Conditions for the performance of the task
The duration of the trustee's term of office must be provided for by a vote in AG.
If the trustee or 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 term of office is 1 year maximum. In other cases, the term of office shall not exceed 3 years.
The term of office (3 years or 1 year) is renewable. This renewal must be voted in AG at the absolute majority.
The joint ownership may decide not to renew the trustee's contract. The co-ownership must then put on the agenda of an AG held in the 3 months preceding the end of the contract the questions of appointment of a new trustee and the setting of an early date of termination of the contract.
Where the initiative comes from the trustee, he must inform the union council of his intention not to conclude a new contract at the latest 3 months before the holding of this MA.
The AG appoints a new trustee and sets the end dates of the current contract and the start dates of the new contract, which must occur at the earliest 1 free day after this meeting.
In some cases it is possible to terminate the trustee's current term of office.
Non-professional
The non-professional trustee is chosen from among the co-owners.
He must be co-owner of one or more lots or fractions of lots in the co-ownership he is to manage.
They are not required to have a business card, or to provide a financial guarantee or liability insurance.
However, it is recommended that he take out this insurance, since his liability can be incurred in the same way as that of a professional.
FYI
if the co-owner loses his status as co-owner, his mandate is no longer valid at the end of a period of 3 months following the event. During this period, the trustee must convene an MA and put on the agenda the question of the appointment of a new trustee.
The trustee is the legal representative of the condominium pool.
In this capacity, he manages the finances and administration of the condominium. To this end, it must ensure that all the common areas of the building and its equipment.
Financial management
The trustee must carry out the estimated budget of the condominium, the accounts of the trade union and their annexes, and submit them to the vote of the co-owners.
He must open a separate bank account in the name of the union.
All monies received in the name and on behalf of the condominium pool must be paid into this account.
The concept of a separate account implies that the account holder is the syndicate of co-owners. The person appearing on the bank statements as the account holder must therefore be the syndicate of co-owners and not the trustee.
FYI
the fact that the name of the account mentions the name of the trustee or does not mention the name of the union implies that it is not a separate account.
Administrative management
The trustee shall perform the following duties:
- Perform and update the summary sheet of the condominium
- Make and update the list of all co-owners with details of their lot, marital status, domicile and, if they have given their consent, their email address
- Run the co-ownership rules and decisions of the General Assembly (GA)
- Administer the building, ensure its preservation, maintenance and, in the event of an emergency, have the necessary works carried out
- Representing the co-owners' union in court
- Establish and update the building maintenance log book
- Inform building occupants (owners and tenants) of decisions taken in AG
- Manage the archives of the co-owners' union
It must also organize a vote in AG on the following decisions:
- Subscription of a union liability insurance contract (in case of refusal, the trustee may subscribe this insurance on behalf of the union)
- Delegation to a company specializing in the management of the archives of the syndicate of co-owners
- Signing of contracts with any company or service provider associated with it
The future trustee must apply to the AG. Its appointment must be voted on at absolute majority of co-owners.
The mandate given to the trustee to manage the administration and finances of the condominium takes the form of a standard contract whose content is regulated where he receives remuneration, in whatever capacity, which is justified for the purpose of determining the amount of his fees.
The standard contract of the liquidator shall lay down the following:
- Term of office (with start and end dates)
- Conditions for the performance of the task
- Fees
If the trustee or person he lives with as a couple has participated in the construction of the building as a developer or architect, the term of office is 1 year maximum. In other cases, the term of office shall not exceed 3 years.
The term of office (3 years or 1 year) is renewable. This renewal must be voted in AG at the absolute majority.
The joint ownership may decide not to renew the trustee's contract. The co-ownership must then put on the agenda of an AG held in the 3 months preceding the end of the contract the questions of appointment of a new trustee and the setting of an early date of termination of the contract.
Where the initiative comes from the trustee, he must inform the union council of his intention not to conclude a new contract at the latest 3 months before the holding of this MA.
The AG appoints a new trustee and sets the end dates of the current contract and the start dates of the new contract, which must occur at the earliest 1 free day after this meeting.
In some cases it is possible to terminate the trustee's current term of office.
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New co-ownership or co-ownership without trustee
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Appointment of the liquidator
Non-professional liquidator
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Maximum term of office of the trustee
FAQ
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