Can the current term of a condominium trustee be terminated?

Verified 21 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the revocation of the contract is possible at any time, subject to conditions. We present the regulations to you.

Termination of the trustee contract may be requested by the trade union council or by the trustee himself.

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For the trade union council

The trade union council may ask to terminate the trustee's current contract if facts who are accused of sufficiently serious.

These may include, for example, mismanagement, non-execution of decisions taken at the general meeting of co-owners, non-payment of co-ownership charges.

FYI  

an unfair termination of the liquidator's contract may result in the union of the co-owners being ordered to pay damages. The amount of damages may correspond to the amount of fees that the trustee could have received had he continued to hold office until the end.

Where the trade union council takes the initiative of terminating the trustee's contract, it shall notify the trustee of a reasoned request for registration of this question on the agenda of the next general assembly, specifying the non-execution(s) alleged against him.

The liquidator must convene a general meeting within a period of 2 months from 1re presentation of the registered letter, where the President of the Trade Union Council has so requested.

If the liquidator has not sent the notice within the time limit, the President of the Board of Trade Unions shall convene the general meeting.

The decision to adopt the trustee's contract must be voted on by the absolute majority of co-owners.

Without an absolute majority and if the decision to terminate the contract receives at least of the votes of the co-owners, the same assembly must make a 2nd vote by simple majority. However, if the decision receives less than the third of the votes, a new general meeting must be convened within 3 months to take a simple majority vote.

The general meeting may decide on the termination date of the liquidator's contract. Contract must be entered into at the earliest 1 free day after the general meeting.

Warning  

Before voting to terminate the trustee's contract, you must first prepare for replacement to avoid any breakdown in management of the condominium. In fact, at the same meeting that votes to terminate the contract of the trustee in place, the syndicate of co-owners can appoint a new trustee and fix the date on which his contract takes effect.

The President of the Trade Union Council may to appeal to the court of the place where the immovable is situated to request damages for the acts of which the trustee is accused.

In the event of the trustee's conviction, damages are paid to the condominium.

By the trustee

The liquidator may also to request termination of his current contract.

In this case, he must notify his intention to terminate his contract to the president of the trade union council and to all the co-owners, specifying the alleged non-executionsto the co-owners' union.

Within 2 months of the notification, the liquidator shall convene a general meeting and place on the agenda the question of the appointment of a new liquidator.

Termination of the contract shall take effect at the earliest 1 free day after the general meeting.

When at this general meeting the syndicate of co-owners appoints a new liquidator, it shall fix the date on which its contract shall take effect.

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