Union of co-owners

Verified 10 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

What is the co-owners' union? The syndicate of co-owners is an organ of co-ownership. It is composed of all the co-owners of a building or a real estate complex. He is responsible for common areas of the building and makes decisions in the interest of the property and its occupants.

Please note

The co-owners' union should not be confused with the condominium trustee, responsible for managing the building and implementing the decisions taken by the co-owners.

The syndicate of co-owners exists automatically, without any administrative formalities, as soon as the ownership of a building or group of buildings is divided between at least two persons per lots.

The condominium syndicate is thus born when the condominium appears, that is to say:

  • As of 1er transfer of ownership (sale) of a lot in the case of the condominium of an existing built building
  • As of delivery of 1er lot for buildings to be built.

FYI  

The co-owners' union exists even in the absence of Registration of the condominium.

Yes, the co-owners' union has rights and obligations that are distinct from those of the co-owners. It may, for example, have its own assets by owning movable or immovable property and manage them in the interests of all co-owners.

This is because it is a legal person. In other words, this means that the group formed by all the co-owners has legal personality independent of the members of the group.

The co-owners' union is a non-professional legal person since he does not carry on any commercial, industrial, craft, liberal or agricultural activity. He retains this status even if he is represented by a professional trustee.

Please note

As the syndicate of co-owners is not a natural person, it is not considered a "consumer".

Therefore, it does not benefit from:

  • Protection against illegal or unfair terms in contracts concluded with third parties (providers, suppliers, etc.)
  • The prescription two-year period, which limits the creditors professionals, particularly in the context of the collection of unpaid invoices.

The trade union shall be identified by name and registered office.

The registered office is usually the postal address of the location of the building unless the co-ownership rules indicates that this is the home of the condominium trustee.

All notifications, formal notice or meanings of interest to the union of co-owners must be made at its headquarters or at the home of the trustee.

FYI  

Information on the identification and organization of the syndicate of co-owners is given in the summary sheet of the building and on the national register of condominiums (RNC).

The syndicate of co-owners may have 2 shapes different:

  • Traditional when he chose a trustee professional or non-professional to manage and administer the building. This is the most accepted form in practice
  • Or cooperative. We're talking about a cooperative trade union. The building is then managed and administered by the members of the trade union council, designated at the general meeting by the co-owners.

The co-owners' union has three missions.

Conservation of the building

The union of co-owners has an obligation to keep the building in good condition by avoiding damage and having the necessary maintenance and repair work carried out.

Building Upgrade

The co-owners' union may decide to make improvements to the common parts or facilities of the building. For example, it can vote on work to improve the comfort of the occupants, increase the security or energy performance of the building, renovate or beautify the common areas.

Administration of the common areas of the building

The co-owners' union must also manage the common areas and the public services of the condominium.

To this end, it shall:

  • Ensures compliance with co-ownership rules by co-owners, tenants and third parties
  • Voting in general meeting the conclusion of all contracts necessary for the proper functioning of the condominium (e.g. trustee contract, contract for the maintenance and upkeep of common equipment or safety systems, cleaning contract, insurance contract, works or renovation contract).

FYI  

Contracts are concluded and signed on behalf of the co-owners' union through its trustee.

In order to carry out its tasks, the syndicate of co-owners has several powers. In particular, it shall:

  • Establishes the co-ownership regulation, if it is not pre-existing to the co-ownership, and modifies it according to the needs of the co-ownership and legal or regulatory obligations
  • Vote on provisional budget every year
  • Constitutes the compulsory works fund
  • Concludes contracts in the name and on behalf of the co-ownership
  • Performs the acquisition,alienation or the constitution of rights (for example joint tenure or easement of passage) which will increase the common parts of the building,
  • May use a collective loan to finance works
  • Acts in court on behalf of the condominium. He can initiate legal action against a third party (supplier, supplier, craftsman, neighbor ...) or a co-owner. He or she may also defend the interests of the condominium when sued.

Please note

The powers of the syndicate of co-owners are governed by the obligation to respect the clauses of the co-ownership regulation and the destination of the building.

The syndicate of co-owners can be held liable in 2 cases.

Common parts causing the damage

The syndicate of co-owners shall be fully liable for any damage caused to the co-owners or third parties originating in the common areas of the building. This is an automatic liability that does not require proof of fault on his part.

In this case, it is sufficient for the victim to prove that the damage complained of originates from the common areas of the building.

Other

The syndicate of co-owners shall also be liable to the co-owners, employees or third parties, for any damage resulting from:

  • Of its misconduct in the management and conservation of the building
  • Persons (employees of the condominium) in his custody
  • Things he has in his custody
  • Or the damage caused by the ruin of the building, when it has arrived as a result of the lack of maintenance or the defect of its construction (for example, malpractice).

In these cases, the victim must prove the existence of a fault on the part-owners' union.

The union of co-owners is acting in court to defend the collective interests of the building.

For example, it may bring proceedings against a third party (e.g. supplier or provider of the joint ownership) in the event of difficulties connected with the performance of a contract (e.g. absence or poor performance of the service) or against a joint owner in the event of abnormal neighborhood disorder or unpaid charges.

The co-owners' union is obliged to act through its joint-ownership trustee or the president of the trade union council.

Legal action through the trustee

The co-owners' union is legal representative by its liquidator in office. While, in principle, the trustee must first be authorized by the general meeting to take legal action, there are certain exceptions for which he can directly bring the matter before the court.

Authorization of the liquidator

The trustee cannot bring a legal action on behalf of the co-owners' union without having been there authorized by a decision of the general meeting.

This authorization must mention:

  • The subject matter of the legal claim (for example, an action to claim a refund of an invoice)
  • The persons targeted
  • And the nature of the action (for example, an action in interlocutory).

FYI  

It is necessary to fill in all these elements because the power granted to the trustee is limited to what is contained in the resolution.

Regardless of the nature or purpose of the legal action, the authorization granted to the liquidator must be adopted by a majority of the votes of the persons present, represented or voting by correspondence (so-called Article 24 majority).

Exemption from authorization

There are a number of cases in which prior authorization by the general meeting will not be necessary.

These are:

  • Actions for recovery of the charges due by the co-owners
  • Actions for recovery of a claim by the syndicate of co-owners
  • Enforcement proceedings (seizure of property, attachment of earnings, attachment and assignment), except for the seizure of immovable property
  • Precautionary measures (e.g. preservation of a sum of money)
  • Opposition to work to enable electric vehicles to be recharged normally
  • Applications that fall within the jurisdiction of the interim measures (e.g. a request for forensic expertise)
  • Legal actions in which the union of co-owners is defendant
  • Appointment of an ad hoc representative or interim administrator in the case of a condominium in difficulty.

Please note

If the trustee can act directly, without the prior agreement of the condominium, he must account for the actions taken at the next meeting general meeting co-owners.

Consequences of the lack of authorization

Failure to obtain the trustee's authorization will result in inadmissible the application submitted by the trustee on behalf of the syndicate of co-owners. However, in order to avoid the penalty of inadmissibility, the syndicate of co-owners may validate the trustee's initiative during a meeting. He must do so before the judge makes his decision.

Warning  

Only co-owners against whom legal action is brought by the trustee may invoke the trustee's lack of authorization to bring legal proceedings.

Legal action through the President of the Trade Union Council

The syndicate of co-owners may also act through the chairman of the trade union council, in the case of failure or inaction of the trustee.

With the express authorization of the General Assembly which he himself will have called, the President may bring legal proceedings against the liquidator in office in order to obtain compensation for the damage suffered by the syndicate of co-owners.

In the event of a conviction, damages are paid to the syndicate of the co-owners.

Please note

Where the co-ownership does not have a trade union council, this action may be exercised by one or more co-owners representing at least one quarter of the votes of all the co-owners.

The condominium union disappears in 3 cases :

  • By unanimous decision of all co-owners end the condominium status of the building. This hypothesis concerns buildings composed of several buildings and for which separate ownership is possible, i.e. when one or more buildings belong to a single co-owner. The building(s) will be removed from the co-owners' union to form an individual property. This division into self-contained buildings may also be imposed by the court, at the request of theProvisional administrator, in the case of condominiums in difficulty.
  • By total disappearance of the building in the event of material destruction of the building (collapse, fire, explosion, flood, ruin due to dilapidation) and on condition that the co-owners decide not to reconstruct the building in general assembly
  • By the meeting of all batches in the hands of a single owner. There is then a reconstruction of a unified private property. This situation results from the acquisition of all the lots by one and the same natural or legal person, of a business supply of all lots in the building or theexpropriation of the entire building for reasons of public interest.

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