Owners' Association
Verified 23 November 2023 - Legal and Administrative Information Directorate (Prime Minister)
What is the purpose of a union association of owners (ASP) and how does it operate? There are 3 types of ASPs. We'll give you the information you need.
An owner's union association (ASP) is a group of landowners.
Its purpose is the construction, maintenance or management of works, the execution of works or actions of common interest with the following objectives:
- Preventing natural or health risks, pollution and nuisances
- Preserve, restore or exploit natural resources
- Develop or maintain watercourses, lakes or bodies of water, roads and various networks
- Highlight Properties
Union associations of owners may take legal action, acquire, sell, borrow or mortgage, provided they carry out advertising formalities.
The rights and obligations of the association are related to the buildings within its perimeter. As a result, anyone who owns or buys real estate within the association's boundaries is automatically a member of the association until it is dissolved.
The president of the association keeps the name of the owners of the buildings included in the association's perimeter up to date. In case of sale of a building included in the perimeter of the association, the notary in charge of the act informs the president of the association of the change of ownership.
There are 3 types of ASPs:
- Free Trade Union Association (FSA), which is a legal person of private law
- Authorized trade union association (ASA), which is a public administrative body
- Association syndicale constituted ex officio (ASCO), which is a public administrative institution created by the prefect
ASL
Owners who wish to do so can form an FSA.
They must all consent in writing (unanimous consent of all owners).
Members shall draft the statutes of the combination, which shall include the following information:
- Name, purpose, seat, rules of operation of the association
- Conditions governing the association's representation vis-à-vis third parties
- Conditions for amending the statutes
- Conditions for dissolving the association
- List of buildings within the scope of the association and conditions for withdrawal
- Methods of financing and collection of contributions
1. File the declaration file in the prefecture
To be equipped with legal capacity, the creation of the association must be declared, by one of its members, to the prefecture of the department or to the sub-prefecture of the district where the association intends to have its headquarters.
General case
In Paris
The declaration file shall contain the following documents:
- Statutes of the association in duplicate
- Declaration by each member specifying the cadastral designations and the capacity of the buildings for which he undertakes
- Copy of the parcel plan of the buildings included in the scope of the association
- Form planned for publication in the JOAFE: titleContent an extract from the statutes
A receipt is dated and signed by the prefect. The receipt shall be issued within 5 days following receipt of the complete declaration file.
2. Request publication from JOAFE
The prefectural services transmit to the Directorate of Legal and Administrative Information (Dila) the insertion request for publication in the JOAFE: titleContent within one month of the date of issue of the receipt.
The extract from the statutes to be published in the Official Journal shall contain the date of the declaration, the name, the subject-matter and the registered office of the association.
This insertion is free.
FYI
In order to be able to justify the existence and legal capacity of the association, the directors may download a copy of the ad published in the Official Journal (or proof of publication). This document is to be kept throughout the life of the association.
Any changes to the statutes must be reported.
Amendments to the statutes shall be declared and published in the Official Journal by the president of the association within 3 months following the decision approving the amendment of the statutes.
The declaration shall be made using the following form:
Modification of a proprietors' union
The declaration must be sent to the prefecture of the department or to the sub-prefecture of the arrondissement where the association has its headquarters.
The statutes shall lay down free to operate FSA.
L'general meeting is made up of all the owners who are members of the FSA. Its powers and method of operation are defined in the statutes.
The FSA is administered by a trade union composed of members elected from among the owner members of the association or their representatives under the conditions laid down in the statutes. The union settles the FSA's affairs. Decisions are made by deliberation.
The Statutes shall define the tasks of the president FSA. However, the president is obliged to keep the registered status of the owners of the buildings included in the association's perimeter up to date and to make the declaration and publication of the amendments to the articles of association.
The free trade union association may request, at least 1 year after its creation, to be transformed into an authorized trade union association (ASA).
This transformation requires the favorable opinion of the owners. This is the case where a favorable opinion has been given in one of the following 2 cases :
- By the majority of owners representing at least 2/3 of the area of the properties concerned
- By 2/3 of the owners representing more than half of the area of the properties concerned
The conditions for the dissolution of an FSA must be laid down in its statutes.
The dissolution must be declared and published in the JOAFE: titleContent within 3 months following the decision approving the President's finding that the statutory conditions for dissolution have been fulfilled.
The declaration and publication shall be made by the president of the association.
The declaration shall be made using the following form:
Dissolution of a trade union association of owners
The declaration must be sent to the prefecture of the department or to the sub-prefecture of the arrondissement where the association has its headquarters.
General case
In Paris
ASA
The creation of an authorized trade union association (SAA) may be initiated by:
- From one or more owners
- Of a local authority or a group of local and regional authorities
- From the State (the prefect).
The person initiating the creation must prepare a file consisting of his application and the draft of the statutes he has drawn up.
The statutes of the SAA shall lay down in particular:
- Name, object, seat
- List of buildings within the scope of the SAA
- Financing arrangements and method of recovery of fees
- Arrangements for the representation of members at the meeting of owners who may provide for a minimum of area or contribution to expenses giving the right to be part of the meeting
- Allocation to each member of a number of votes calculated on the basis of the size of his property or his contribution to expenses and a maximum number of votes that may be allocated to a member or a category of members
- Number of mandates that can be given to the same person at a meeting of the owners or at a union meeting and their maximum validity period
- Number of members of the trade union, its internal organization, which may provide for colleges, the distribution of members in those colleges and the duration of their duties
- Rules for the appointment of trade union members
- Periodicity of meetings of the assembly of owners, which may not exceed 2 years, with the exception of meetings of the assembly of owners of land consolidation associations and land development associations for agriculture and forestry, whose periodicity may not exceed 4 years
- Duration of the combination, if needed.
The constitution of the association and the draft statutes shall be subject to a public inquiry. The purpose of this consultation is to inform owners of buildings that may be included in the future association's scope and to obtain their comments.
Warning
an owner who does not expressly oppose the project is considered to be in favor of setting up the association.
The request must be addressed to the prefecture of the department where the association has planned to have its headquarters.
The establishment of the trade union association may be authorized by the prefect when favorable opinion was donated by the owners. This is the case where a favorable opinion has been given in one of the following 2 cases :
- By the majority of owners representing at least 2/3 of the area of the properties concerned
- By 2/3 of the owners representing more than half of the area of the properties concerned
The prefectural decree establishing the association is published in the prefecture's administrative acts. It is displayed in each commune in whose territory the perimeter of the association extends and notified to the members of the association.
The owner who expressly pronounced against the creation project of the SAA may, within 3 months from notification of the act authorizing such creation, declare that it intends to abandon one or more of the buildings belonging to it and included in the scope of the association.
This abandonment is a right, at the expense of the association, to a compensation.
The bodies of the association are:
- A meeting of owners, convened by the President of the SAA
- A union, composed of members elected by the owners' assembly
- A president and a vice-president, elected by the union from among its members
The functioning of an SAA is legally regulated. However, certain rules, in particular relating to the functioning of the bodies of the SAA, are laid down in the statutes. For example, the statutes may define a minimum interest threshold to be held per owner in order to sit on the meeting of the owners of the SAA.
Each year, the president prepares a report on the association's activities and financial situation.
The financial resources of the SAA shall be derived, in particular, from royalties due by its members, donations, income from movable or immovable property of the association, grants of various origins or loans.
FYI
The deliberations of the bodies of the SAA shall be transmitted to the Prefect where the association has its seat. It has the right to amend certain acts.
Nature of the change request
The proposal to amend the initial statutory measures may relate to any of the following :
- Extending the perimeter of the ASA
- Changing the purpose of the ASA
Please note
Further statutory amendments may be requested on the proposal of the trade union or the 10the owners. They shall be the subject of a deliberation by the owners' assembly convened in extraordinary session. The deliberation is transmitted to the prefect for authorization. The order of the prefect is published and then notified.
Change Request Authors
The proposed amendment for the extension or change object may be requested by:
- SAA Union
- 1/4 of the associated owners
- A territorial authority or group of territorial authorities within whose territory the scope of the SAA extends
- Prefect of the department where the ASA has its headquarters
- Owners whose buildings are not included in the perimeter, when the extension is requested
Vote on the request for amendment
The proposed amendment for the extension or change object shall be submitted to the owners' meeting.
To be approved, the proposed amendment requires the favorable opinion of the owners. This is the case where a favorable opinion has been given in one of the following 2 cases :
- By the majority of owners representing at least 2/3 of the area of the properties concerned
- By 2/3 of the owners representing more than half of the area of the properties concerned
Public Inquiry and Consultation
Where the amendment relates to the extent of the perimeter of the SAA, the prefect consults the owners of the buildings likely to be included in this new perimeter.
When the majority of the members of the assembly vote in favor of the proposed amendment, the prefect orders a public inquiry.
The public inquiry shall not take place where the extension covers an area not exceeding 7% % of the area included in the scope of the association. In addition, the agreement of each owner of the buildings which may be included in the perimeter must have been obtained in writing, together with the opinion of each municipality concerned.
Prefect's order
The Prefect authorizes by decree the amendment of the statutes.
The order is published in the register of administrative acts of the prefecture.
The decree and the statutes of the association are displayed in each of the municipalities in whose territory the association extends.
The order is also notified owners of the buildings that may be included in the association's new scope.
Yes, a property can be allowed to permanently leave the perimeter of the ASA, for whatever reason.
The request for distraction may be made by:
- Prefect
- Or union
- Or owner of the building
The distraction proposal is submitted to the owners' meeting. However, if the area concerned by the distraction procedure does not exceed 7% the proposal is then submitted to the trade union.
Union
Yes, SAAs or ASCOs may form a union to facilitate their management or the execution or maintenance of works or structures of common interest.
The request for union shall be addressed by one or more of these associations to the prefect of the department where the union has planned to have its seat.
When the perimeter of the union spans multiple departments, the decision authorizing the creation of the union shall be taken by the prefect of the department where the union intends to have its seat, after consulting the prefects of the other departments concerned, and taking into account the consent of the associations applying for membership of the union.
The prefectural decree authorizing the union is published in the prefecture's administrative acts. It is displayed in each commune in whose territory the perimeter of the association extends and notified to the members of the association.
Merger
2 or more ASAs or ASCOs may be authorized to merge into an ASA.
This merger may be made on request:
- Associations
- Or any person with the capacity to create an SAA
The request must be addressed to the prefect of the department where the future association has planned to have its seat.
The prefect pronounces the merger after favorable deliberation of the assemblies of all the owners members of each association concerned. In such a situation, the representation threshold provided for in their statutes shall not apply.
All assets, rights and obligations of the merged trade union associations are transferred to the merged trade union association.
An SAA may be dissolved at the request of the members of the association. This is the case when a favorable opinion of the members has been given in one of the following 2 cases:
- By the majority of owners representing at least 2/3 of the area of the properties concerned
- By 2/3 of the owners representing more than half of the area of the properties concerned
The ASA may also be automatically dissolved in the following cases:
- Disappearance of the object for which the ASA was created
- The ASA has had no real activity related to its purpose for more than 3 years
- The maintenance of the SAA is an obstacle to the implementation of projects of public interest within a wider scope than that of the association
- The SAA is experiencing serious and persistent difficulties which hamper its functioning
- The SAA was set up for a limited period of time (termination)
The Prefect shall order dissolution by a reasoned act.
The Prefectural Decree dissolving the association is published in the Prefecture's Code of Administrative Acts. It is displayed in each commune in whose territory the perimeter of the association extends and notified to the members of the association.
ASCO
A trade union association may be automatically constituted ASCO by the prefect. This is the case when an SAA could not be created due to the opposition of the owners included in the perimeter of the association while a legal maintenance obligation weighed on certain works or works.
This may be done for the following works or works:
- Prevention of natural or health risks, pollution and nuisances
- Preservation, restoration or exploitation of natural resources
- Development or maintenance of watercourses, lakes or bodies of water, roads and various networks
The competent authority is the prefect of the department in which the association is to have its headquarters.
The constitution of the association shall be subject to public inquiry.
Please note
Owners whose property is located within its perimeter of ASCO cannot oppose the creation of the association. The declaration of abandonment is therefore impossible.
The prefectural decree establishing the association is published in the prefecture's administrative acts. It is displayed in each commune in whose territory the perimeter of the association extends and notified to the members of the association.
The order of the Prefect shall include, in particular, the following provisions:
- Scope of the association
- Object
- How jobs are run
- Conditions for allocating expenditure according to the degree of interest of each owner in the execution of the works
The provisions governing SAAs shall apply to ASCOs.
The bodies of the association are:
- An assembly of owners
- A union, composed of members elected by the owners' assembly
- A president and a vice-president, elected by the union from among its members
The operation of an ASCO is legally regulated. However, certain rules, in particular relating to the functioning of the bodies of the SAA, are laid down in the statutes
The financial resources of ASCO come, in particular, from royalties due by its members, donations, income from movable or immovable property of the association, grants of various origins or loans.
The rules governing the SAAs concerning the amendment of the Statutes shall apply to the ASCOs.
Nature of the change request
The proposal to amend the initial statutory measures may relate to any of the following :
- ASCO perimeter extension
- Change in the purpose of ASCO
Please note
Further statutory amendments may be requested on the proposal of the trade union or the 10the owners. They shall be the subject of a deliberation by the owners' assembly convened in extraordinary session. The deliberation is transmitted to the prefect for authorization. The order of the prefect is published and then notified.
Change Request Authors
The proposed amendment for the extension or change object may be requested by:
- ASCO Union
- 1/4 of the associated owners
- A local authority or group of local authorities within whose territory ASCO extends
- Prefect of the department where ASCO has its headquarters
- Owners whose buildings are not included in the perimeter, when the extension is requested
Vote on the request for amendment
The proposed amendment for the extension or change object shall be submitted to the owners' meeting.
To be approved, the proposed amendment requires the favorable opinion of the owners. This is the case where a favorable opinion has been given in one of the following 2 cases :
- By the majority of owners representing at least 2/3 of the area of the properties concerned
- By 2/3 of the owners representing more than half of the area of the properties concerned
Public Inquiry and Consultation
Where the amendment relates to the extent of the perimeter of ASCO, the prefect consults the owners of the buildings that could be included in this new perimeter.
When the majority of the members of the assembly vote in favor of the proposed amendment, the prefect orders a public inquiry.
The public inquiry shall not take place where the extension covers an area not exceeding 7% % of the area included in the scope of the association. In addition, the agreement of each owner of the buildings which may be included in the perimeter must have been obtained in writing, together with the opinion of each municipality concerned.
Prefect's order
The Prefect authorizes by decree the amendment of the statutes.
The order is published in the register of administrative acts of the prefecture.
The decree and the statutes of the association are displayed in each of the municipalities in whose territory the association extends.
The order is also notified owners of the buildings that may be included in the association's new scope.
Yes, an ASCO may request to be transformed into an ASA.
The owners' meeting must have given a favorable opinion for this conversion. This is the case in one of the following 2 cases:
- By the majority of owners representing at least 2/3 of the area of the properties concerned
- By 2/3 of the owners representing more than half of the area of the properties concerned
Transformation can be pronounced by the prefect if the 2 conditions the following are combined:
- The members of the union were appointed by the owners' assembly
- The association has been operating normally for at least one financial year.
Yes, ASAs or ASCOs may join together or merge.
Union
SAAs or ASCOs may form a union to facilitate their management or the execution or maintenance of works or structures of common interest.
The request for union shall be addressed by one or more of these associations to the prefect of the department where the union has planned to have its seat.
When the perimeter of the union spans multiple departments, the decision authorizing the creation of the union shall be taken by the prefect of the department where the union intends to have its seat, after consulting the prefects of the other departments concerned, and taking into account the consent of the associations applying for membership of the union.
The prefectural decree authorizing the union is published in the prefecture's administrative acts. It is displayed in each commune in whose territory the perimeter of the association extends and notified to the members of the association.
Merger
2 or more ASAs or ASCOs may be allowed to merge into an ASA.
This merger may be made on request:
- Associations
- Or any person with the capacity to create an SAA
The request must be addressed to the prefect of the department where the future association has planned to have its seat.
The prefect pronounces the merger after favorable deliberation of the assemblies of all the owners members of each association concerned. In such a situation, the representation threshold provided for in their statutes shall not apply.
All assets, rights and obligations of the merged trade union associations are transferred to the merged trade union association.
The dissolution of an ASCO is decided, solely, on the initiative of the prefect.
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