Union of co-owners

Verified 18 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)

In a condominium, all the condominiums automatically and without any formality form the condominium pool. The union meets at least once a year to vote on decisions concerning co-ownership. The union can take legal action against a co-owner. The liability of the union may also be called into question.

The union vote all decisions concerning co-ownership (provisional budget, works...). These decisions are made in general meeting of co-owners.

FYI  

the union shall meet in a general meeting at least once a year.

The union can appeal to the court on behalf of the co-ownership against a third party (supplier, supplier, craftsman, etc.) or a co-owner. For example, in case of unpaid charges.

Please note

in practice, it is the trustee who acts on behalf of the union upon authorization from the general meeting.

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

Where the co-ownership is composed of several buildings, several secondary trade unions may coexist in addition to the main trade union.

The trade union shall be identified by name and registered office. The registered office is generally the seat of the place where the property is situated, 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 must be made at its headquarters or at the trustee's home.

Yeah. Yeah. The union is liable in particular for damage caused by a construction defect (for example, malfeasance) or lack of maintenance of the building in respect of the following persons:

  • Co-owners
  • The staff he employs (caretaker of the building, housekeeper...)
  • Third parties (including tenants)

He may be held liable by one of those persons before the court.

Please note

the union must subscribe to a liability insurance as does every co-owner, whether a landlord or occupant.

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