Co-ownership Trade Union Council

The formation of a trade union council is compulsory, except in three cases:

• when the joint owners' union waive the right to form a trade union council by a vote in the general meeting of the co-owners by the double majority referred to in Article 26
• when no candidate presents himself or does not obtain the required majority
• in small condominiums, that is to say those comprising a maximum of 5 lots for use in dwellings, offices or shops, or where the provisional budget average of the syndicate of co-owners over a period of 3 consecutive years is less than €15,000

The double majority (said majority of article 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.

If this majority is difficult to obtain, it is possible to make a 2^nd simpler majority voting. That's what we call the double majority. So that this 2^nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by a majority called Article 25 (easier to obtain).

The union council is composed of members elected by the union of co-owners.

The number of members of the trade union council shall be fixed in the co-ownership rules or by the general meeting of the co-owners by a simple majority, referred to as Article 24.

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.

No text shall not impose a minimum number of members to be on the trade union council. However, a minimum number of 3 members is recommended.

The President shall prepare and convene meetings of the trade union council. He moderates the debates, divides the tasks between the members.

It forwards the opinions given by the union council to the trustee, the co-owners or third parties.

He receives the information from the trustee and distributes it to the advisors.

The trade union council shall report annually to the general assembly on the performance of its tasks.

The President must prepare a written activity report and attach it to the convening of the Annual General Meeting.

The president must also convene the annual general meeting of the co-owners in the event of the trustee's inaction. It may, on the express delegation of the general meeting of the co-owners, bring an action against the liquidator in the event of his failure or inaction for the damage suffered by the syndicate of the co-owners.

The rules governing the operation of the trade union council are laid down in the rules governing co-ownership. If they are not, they are fixed by the joint owners by a simple majority, referred to in Article 24.

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.

In order to carry out its task, the trade union council may take advice from any person of its choice. He can also ask for a technical opinion from any professional specialized in a particular issue (boiler, elevator...).

The general meeting of the co-owners may delegate to the trade union council, composed of at least three members, the power to take decisions based on simple majority under article 24.

This delegation of powers must be voted by the condominium association at the general meeting of the condominiums by an absolute majority Article 25.

The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 2^nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).

The duration of the delegation of powers shall be maximum 2 years. She's renewable by a decision of the general meeting of the co-owners.

Some topics are excluded from this delegation. These are:

• Approval of accounts
• Determination of the estimated budget
• Adaptation of the co-ownership rules necessitated by legislative and regulatory changes

If there is a tie, the President of the union council has the casting vote (upper).

An amount is paid to the union council to implement its delegation of authority. This amount is fixed at the general meeting of the co-owners. Its amount must be included in the estimated budget voted each year. Where the delegation of power relates to expenditure for works not included in the provisional budget, the general meeting of the co-owners must indicate the maximum amount paid for each of these expenses.

The members of the trade union council are not paid.

The expenditure necessary for the execution of their tasks shall be paid by the co-owners within the framework of the current expenditure for the administration of the provisional budget.

The members of the trade union council are elected for a term of office up to 3 years renewable.

The members of the trade union council may terminate their term of office at any time by resigning. In practice, the president of the union board and the trustee must be informed of the resignation.

During their term of office, any member of the trade union council may be revoked by the co-owners by an absolute majority, referred to as Article 25.

The absolute majority (said majority of article 25 of law no. 65-557 of july 10, 1965) 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 2^nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).

Each member of the trade union council may commit his civil liability or penal in the performance of his duties, for example for lack of control over the management of the liquidator or illegal expenditure.

The syndicate of the co-owners must take out civil liability insurance for each of the members of the trade union council.