Tenants' Association

Verified 27 October 2023 - Legal and Administrative Information Directorate (Prime Minister)

You want to know what is the purpose of an association of tenants, by whom it can be created, what are the missions of representatives towards the social lender, if it can act in court...? We'll give you the information you need.

In the social rental sector (e.g. low-cost housing), tenants' associations represent and defend the interest of tenants in social lenders.

She participates in forums for consultation (exchange and discussion) on the various aspects of the management of buildings and on measures relating to housing conditions and the living environment of tenants.

The association is created by tenants for a building, a group of buildings or for all the assets of the same social lender.

The creating a tenant association meets the same requirements as associations loi 1901.

Tenants' associations must work in the housing sector, in the social rental sector. They must not pursue collective interests that would conflict with the objectives of social housing. They must be independent of any political party or philosophical, confessional, ethnic or racial organization.

Like any association, the association of tenants is required to declare its creation, and then amendments to its statutes and the change of its representatives.

The tenant association may be affiliated (belong) to a national association. It is during the constituent general assembly that members deliberate on whether or not he should be affiliated (an association) to a national organization.

In a building or group of buildings, an association of tenants is representative if it completes one of the following 2 conditions :

It is only once one of these two conditions is met that the association can represent the tenants.

Representative associations of tenants shall designate the social lessor and, where appropriate, the condominium trustee, by registered letter with acknowledgement of receipt, the name of Up to 3 representatives chosen from the tenants.

These representatives have access to documents concerning the calculation and evolution of rental charges.

At the request of the representatives, the social lessor or, where appropriate, the administrator of the condominium (for example: the trustee) consults them every 6 months on the various aspects of the management of the building or group of buildings.

In each dwelling building, a billboard, giving in particular information on the dwelling, the dwelling, the works, is made available to the associations in a place of passage of the tenants.

In buildings, subject to the status of co-ownership, the trustee of the co-ownership informs them of the date, time, place and agenda of the general meeting of the co-ownership. Associations may attend and comment on the items on the agenda.

The decisions taken at the meeting of the co-owners concerning the maintenance of the building and the works are the subject of a summary record, posted in the common parts of the building.

The social lender who envisages an improvement operation, having an impact on rents or rental charges, or construction-demolition, must consult (exchange and discussion time) with the representatives of the tenants.

The consultation shall cover the following points:

  • Consistency and cost of work
  • Expected impact on rents or rental charges
  • Conditions for their implementation
  • Opportunity to create a residential collective space
  • Conditions for rehousing tenants, if applicable (in particular for construction and demolition operations).

Once the draft has been prepared and before the start of the operation, the lessor draws up a report on the consultation, which includes the reasoned opinion of the representatives of the tenants. It shall inform the tenants assembled for that purpose. .

The rental agreement plan defines the practical conditions for the exchange between the social landlord and the tenants' associations.

It establishes one or more rental consultation councils and provides for material and financial resources allocated to the representatives of the tenants.

The Rental Concertation Council shall be consulted on all measures relating to the living conditions and living environment of the inhabitants of the building or housing estates concerned.

The rental agreement plan covers the entire assets of the social landlord. It is developed with representatives of representative tenants' associations and representatives of tenants elected to their boards of directors.

The social lenders, represented on the National Concertation Commission, may conclude with one or more associations of tenants local collective agreements covering all or part of their assets.

These agreements shall cover in particular the following points:

  • Rent supplements
  • Control of the evolution of recoverable charges
  • Grate of age
  • Improvement and maintenance of dwellings and common areas
  • Common-use residential premises.

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