Selecting a language will automatically trigger the translation of the page content.

Condominium Trustee

Verified 01 janvier 2022 - Legal and Administrative Information Directorate (Prime Minister)

Each condominium must have a trustee to administer it and manage its finances. The trustee may be a professional or a non-professional chosen from the joint owners. The maximum term of office of the trustee is 3 years (or 1 year in some cases). This term shall be renewable. The trustee's current term of office may be terminated.

Professional trustee

The professional trustee is a person who exercises in his own name or within a business. The following conditions must be met in order to carry out its mission:

  • Justify a sufficient financial guarantee to ensure that the co-ownership repays its funds in the event of bankruptcy
  • Justify professional liability insurance
  • Possess a business card with the condominium trustee issued by the Chamber of Commerce and Industry

The trustee shall be the legal representative of co-owner union.

As such, he manages the finances and administration of the condominium. For this purpose, it must ensure that all common areas of the building and its facilities.

Financial management

The trustee must perform planned budget for co-ownership, the accounts of the trade union and their annexes, and submit them to the vote of the joint owners.

He must open a separate bank account on behalf of the union.

All monies received on behalf of and on behalf of the co-owners union must be paid into this account.

The concept of a separate account implies that the account holder is the joint owners' union. The person appearing on the bank statements as the account holder must therefore be the syndicate of co-owners and not the trustee.

  FYI : the fact that the account title mentions the name of the trustee or does not mention the name of the union suggests that this is not a separate account.

Administrative

The trustee shall perform the following duties:

  • Perform and update condominium summary
  • Complete and update the list of all co-owners with an indication of their lot, marital status, domicile and, if they have given their consent, their email address
  • Run condominium settlement and General Assembly (GA) decisions
  • Administer the building, ensure its preservation, maintenance and, in case of emergency, have the necessary works carried out
  • Represent the co-owners union in court
  • Establish and update building maintenance log
  • Inform the occupants of the building (owners and tenants) of the decisions taken in AG
  • Manage Co-Owner Union Archives

It must also organise a vote in AG concerning the following decisions:

  • Subscription of a union civil liability insurance contract (in case of refusal, the trustee may subscribe this insurance on behalf of the union)
  • Delegation to a company of Archives Management of the Union of Co-Owners
  • Signing of contracts with any company or provider linked to it

Setting up online access to co-ownership documents

The trustee must provide online access to documents relating to the management of the property or the lots of managed co-properties.

Online access must be secure. It must be accessible to union board members and co-owners through a personal code.

Documents made available must be downloadable and printable.

This access must be differentiated according to the nature of the documents made available.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Documents accessible to members of the union council

The trustee shall make available at least the following documents:

  • List of all co-owners
  • General balances of the accounts of the syndicate of joint owners and general statement of the expenses and revenues of the past year
  • Periodic records of separate bank accounts opened on behalf of the joint owners' union
  • Legal notices issued on behalf of the Union of Joint Owners concerning ongoing judicial proceedings and court decisions whose time limits for appeal have not expired
  • Professional card of the trustee, certificate of professional civil liability insurance and certificate of financial guarantee in force

  FYI : if the trustee does not send the documents beyond one month to the union council, which requests them, €15 each day of delay shall be deducted from his annual lump sum remuneration. These penalties are deducted from his remuneration when the accounts to be submitted to the AG are decided.

Documents accessible to all co-owners

The trustee shall make available at least the following documents:

  • Condominium rules, description of division and acts amending them if published
  • Last summary sheet of the condominium
  • Building Maintenance Log
  • Technical diagnostics on the common areas of the building that are currently valid
  • Contracts of insurance of the property concluded by the trustee on behalf of the union of the co-owners in force
  • All current contracts and contracts signed by the trustee on behalf of the joint owners union
  • Ongoing common equipment maintenance and maintenance contracts
  • Minutes of the last 3 annual general meetings that were called to know accounts and work specifications approved at these meetings
  • Trustee contract in progress

  FYI : if the trustee does not send the documents beyond one month to the co-owner who requests them, €15 each day of delay shall be deducted from his annual lump sum remuneration. These penalties are deducted from his remuneration when the accounts to be submitted to the AG are decided.

Documents relating to the batch of a co-owner

The trustee shall make available at least the following documents:

  • Individual account of the co-owner after approval of the union's accounts by the annual AG
  • Amount of current expenditure in the estimates and expenditure outside the estimates of the last 2 closed accounting years paid by the co-owner
  • Amount of the share of the work fund attached to the co-owner's lot after approval of the union's accounts by the annual AG
  • Notice of fundraising sent to co-owner over the last 3 years

The trustee's designation is different depending on whether the co-ownership already exists or is newly created.

Existing Property

The successful trustee must be designated by the AG during a vote of the joint owners at the absolute majority.

Prior competition of several draft trustee contracts must be carried out by the union council. Competition is not mandatory if the co-ownership does not have a union council or if the co-owners opposed it the previous year by an absolute majority vote.

  FYI : draft contracts must be accompanied by information sheet on the prices and services offered by the trustees .

Any co-owner may also request the trustee to include in the AGM's agenda the examination of other draft trustee contracts that he communicates to him for this purpose.

The projects are presented to the co-owners before they proceed to the trustee vote.

If no trustee has been appointed by the AG convened for this purpose, the court must be referred for the appointment of a trustee. This may be the case if the term of office of the incumbent trustee has expired before it is put out to competition.

The referral to the court must be made by one of the following persons:

  • One or more co-owners
  • Mayor of the municipality or President of the public institution of intercommunal cooperation (EPCI) responsible for housing

New condominium

A provisional trustee must be designated by the co-ownership by the sponsor or by any other agreement between the sponsor and the co-owners.

This provisional trustee has the task of assembling the 1re AG who will designate the trustee. He may be retained in office by decision of the AG, after prior competition of several contracts of trustee made by the union council, if one exists or by the joint owners.

  FYI : draft contracts must be accompanied by information sheet on the prices and services offered by the trustees .

The successful trustee must be designated by a vote of the co-owners at absolute majority.

The mandate given to the trustee to manage the administration and finances of the condominium takes the form of a standard contract with regulated content .

The standard contract of the trustee shall specify the following:

  • Term of office (with start and end date)
  • Terms of remuneration
  • Conditions for performance of the mission

The term of office of the trustee must be provided for by a vote in AG.

If the trustee or person with whom he lives as a couple or he is related (employees...) participated in the construction of the building as a developer or architect, the term of office is 1 year maximum. Apart from this case, the term of office is 3 years maximum.

Term of office (3 years or 1 year) is renewable. This renewal must be voted in AG at absolute majority.

The condominium may decide not to renew the trustee's contract. The condominium must then bring to the agenda of an AG held within 3 months of the end of the contract the issues of appointment of a new trustee and the setting of an early date of termination of the contract.

When the initiative comes from the trustee, he must inform the union council of his intention not to conclude a new contract no later than 3 months before the holding of this AG.

The AG shall designate a new trustee and fix the dates of termination of the current contract and of the start of the new contract, which shall take place no earlier than 1 free day after the meeting.

In some cases, it is possible to end trustee's current term.

Volunteer Trustee

The non-professional trustee is chosen from the joint owners.

He or she must co-own one or more lots or fractions of lots in the co-ownership that he or she is required to manage.

He is not required to have a professional card, nor to present a financial guarantee or liability insurance.

However, it is recommended that they subscribe to this insurance, as their liability may be the same as that of a professional.

  FYI : if the co-owner ceases to be a co-owner, his or her term of office is no longer valid after the expiration of 3 months following the event. During this period, the trustee must convene an AG and place the question of the appointment of a new trustee on the agenda.

The trustee shall be the legal representative of co-owner union.

As such, he manages the finances and administration of the condominium. For this purpose, it must ensure that all common areas of the building and its facilities.

Financial management

The trustee must perform planned budget for co-ownership, the accounts of the trade union and their annexes, and submit them to the vote of the joint owners.

He must open a separate bank account on behalf of the union.

All monies received on behalf of and on behalf of the co-owners union must be paid into this account.

The concept of a separate account implies that the account holder is the joint owners' union. The person appearing on the bank statements as the account holder must therefore be the syndicate of co-owners and not the trustee.

  FYI : the fact that the account title mentions the name of the trustee or does not mention the name of the union suggests that this is not a separate account.

Administrative

The trustee shall perform the following duties:

  • Perform and update condominium summary
  • Complete and update the list of all co-owners with an indication of their lot, marital status, domicile and, if they have given their consent, their email address
  • Run condominium settlement and General Assembly (GA) decisions
  • Administer the building, ensure its preservation, maintenance and, in case of emergency, have the necessary works carried out
  • Represent the co-owners union in court
  • Establish and update building maintenance log
  • Inform the occupants of the building (owners and tenants) of the decisions taken in AG
  • Manage Co-Owner Union Archives

It must also organise a vote in AG concerning the following decisions:

  • Subscription of a union civil liability insurance contract (in case of refusal, the trustee may subscribe this insurance on behalf of the union)
  • Delegation to a company of Archives Management of the Union of Co-Owners
  • Signing of contracts with any company or provider linked to it

The future trustee must apply to the AG. Its designation must be voted on at absolute majority of co-owners.

The mandate given to the trustee to manage the administration and finances of the condominium takes the form of a standard contract with regulated content .

The standard contract of the trustee shall specify the following:

  • Term of office (with start and end date)
  • Conditions for performance of the mission

If the trustee or person with whom he lives as a couple participated in the construction of the building as a developer or architect, the term of office is 1 year maximum. Apart from this case, the term of office is 3 years maximum.

Term of office (3 years or 1 year) is renewable. This renewal must be voted in AG at absolute majority.

The condominium may decide not to renew the trustee's contract. The condominium must then bring to the agenda of an AG held within 3 months of the end of the contract the issues of appointment of a new trustee and the setting of an early date of termination of the contract.

When the initiative comes from the trustee, he must inform the union council of his intention not to conclude a new contract no later than 3 months before the holding of this AG.

The AG shall designate a new trustee and fix the dates of termination of the current contract and of the start of the new contract, which shall take place no earlier than 1 free day after the meeting.

In some cases, it is possible to end trustee's current term.