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How do I change my co-ownership trustee at the end of my term?

Verified 23 novembre 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Several co-ownership trustee contract proposals must first be put up for competition to compare their performance. Such a call for competition shall be made by the union council before the next general meeting of joint owners who will decide on the appointment of the new trustee.

However, it shall not be compulsory to open competition:

  • if the condominium does not have a union council,
  • or if the general assembly of the preceding year decides at the absolute majority not to compete with draft trustee contracts.

A co-owner may propose one or more plans for a trustee contract. In order to do so, he must ask the trustee in place to place on the agenda of the general meeting the examination of the draft contracts and communicate them to him. The request must be made by registered mail with acknowledgement of receipt before sending the invitation to the general meeting. This initiative is not a substitute for the union council's competitive process.

The trustee must call a general meeting before the expiry of his term of office to appoint the new trustee. The draft trustee contracts must be annexed to the agenda of this general meeting.

The assembly must vote for each nomination by an absolute majority.

If no candidate obtains an absolute majority but one of them obtains at least one of the votes of all the co-owners, the latter can make a 2nd vote at the same meeting simple majority..

Consequences of the coronavirus

The trustee's contract, which expired on March 12, 2020, is renewed automatically without the need to convene the general meeting of the joint owners. This contract is renewed until the beginning of the new contract of the trustee appointed by the next general meeting of the co-owners. This General Meeting may be held until 31 January 2021 at the latest.