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Co-owners Union

Verified 15 janvier 2020 - Directorate for Legal and Administrative Information (Prime Minister)

In a condominium building, all co-owners are automatically formed without any formalities co-owners union.. The main task of this union is to ensure the preservation and administration of the building (maintenance in good working order of the common areas,...). The trade union may take legal action against, in particular, a co-owner. The union's responsibility may also be questioned.

The syndicate of co-owners is composed of all the co-owners.

Its main task is to ensure the administration and conservation of the building. In order to do so, it must ensure that all the common areas of the building and its equipment.

The union is created without formality. It arises from the moment ownership of a building or group of buildings is divided between at least 2 persons per batches..

Where the condominium is composed of more than one building, more than secondary unions may co-exist in addition to the main trade union.

The union is identified by name and seat.

The seat is generally fixed at the place of location of the immovable unless the condominium settlement indicates that it is the home of the condominium trustee..

All notifications, notice or meanings of interest to the union must be made at the seat (or at the home of the trustee).

The syndicate of joint owners shall decide in particular:

The union's decisions must be:

The trade union may take legal action on behalf of the condominium against, inter alia:

  • a co-owner (for example, non-compliance with the condominium rules or unpaid expenses),
  • a third party (supplier, supplier, craftsman...).

  Please note : in practice, the trustee acts on behalf of the union with the approval of the general meeting.

The syndicate of joint owners must subscribe liability insurance just like every co-owner, whether a lessor or an occupant.

The union is liable for damages caused by a defect in construction (e.g., malfunction) or a failure to maintain the building in respect of:

  • joint owners,
  • the staff he employs (guardian of the building, maid...),
  • third parties (including tenants).

His liability may be incurred by one of these persons before the court..