Co-ownership Trade Union Council
Verified 17 April 2023 - Legal and Administrative Information Directorate (Prime Minister)
What are the tasks of the trade union council? How are its members appointed? We explain the information you need to know.
The union council is made up of elected members of the co-ownership. It coordinates the relations between the liquidator and the co-owners and ensures an advisory, assistance and monitoring mission of the liquidator. The members of the union council are not paid. They are elected for a term of up to 3 years, renewable.
The formation of a trade union council is compulsory, except in three cases:
- when the joint owners' union waive the right to form a trade union council by a vote in the general meeting of the co-owners by the double majority referred to in Article 26
- when no candidate presents himself or does not obtain the required majority
- in small condominiums, that is to say those comprising a maximum of 5 lots for use in dwellings, offices or shops, or where the provisional budget average of the syndicate of co-owners over a period of 3 consecutive years is less than €15,000
The double majority (said majority of article 26) is the majority of the co-owners of the building representing at least 2/3 of the votes of the co-owners.
Example :
In a co-ownership of 10 co-owners (representing a total of 1000 thousandths), a decision is adopted if 6 co-owners holding 700 thousandths, or more than 2/3 of all the tenths (2/3 of 1000 = 667), validate this decision.
If this majority is difficult to obtain, it is possible to make a 2nd simpler majority voting. That's what we call the double majority. So that this 2nd Voting is possible, the resolution must have the approval of half of the co-owners representing at least of the votes of all the co-owners. The same assembly will then be able to vote on the resolution by a majority of the votes of all the co-owners, that is to say by a majority called Article 25 (easier to obtain).
The union council is composed of members elected by the union of co-owners.
The number of members of the trade union council shall be fixed in the co-ownership rules or by the general meeting of the co-owners by a simple majority, referred to as Article 24.
The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.
No text shall not impose a minimum number of members to be on the trade union council. However, a minimum number of 3 members is recommended.
What are the conditions for being a member of the trade union council?
The members of the trade union council shall be appointed by the AG from among the co-owners, their ascendants or descendants, partners in the event of a civil property business, buyers or purchasers on a fixed-term basis (variant of a life purchase), their spouses, partners linked to them by a Civil partnership, their legal representative, or their usufructuaries.
When a legal person is appointed as a member of the trade union council, he may be represented there either by his legal or statutory representative or by an authorized representative (person with the powers of a representative) for that purpose.
Warning
the trustee, his servants, their spouses, partners linked to them by a Civil partnership, concubines, ascendants or descendants, parents in collateral line up to 2è degree, even if they are joint owners, partners or purchasers in the long term (variant of life purchase), may not be members of the trade union council. This rule (the trustee's entourage and employee) does not apply in the case of a non-professional trustee.
The members of the trade union council elect their president among them. One or more alternate members may be appointed under the same conditions as full members.
Majority to be elected
The members of the trade union council are elected by an absolute majority.
The absolute majority (said majority of article 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
If the decision has received at least of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
Without a majority (or lack of a candidate), the trustee or any co-owner may apply to the court to appoint the members of the trade union council with their agreement or to establish that it is impossible to set up a trade union council.
Supervisory mission of the trade union council
The trade union council controls the management of the condominium trustee and in particular:
- General ledger joint owners' union
- Allocation of expenditure
- Conditions under which contracts are concluded and executed
- Preparation of the provisional budget whose execution it monitors
All members of the union council can consult the documents concerning the management of the trustee and the administration of the condominium (e.g. emails, letters, registers).
They are free to make copies of these documents.
These documents must be forwarded by the trustee. In the event of no transmission after one month from the request of the trade union council, €15 per day of delay shall be deducted from the liquidator's annual flat-rate remuneration. These penalties are deducted from the trustee's remuneration when the accounts to be submitted to the AG are drawn up.
Trade Union Council Advisory Mission
The trade union council may give its opinion or be consulted on all matters concerning the joint owners' union.
In addition, the trade union council must be consulted for the competitive tendering of contracts whose cost exceeds an amount fixed by the general meeting of the co-owners. It must also be consulted when concluding contracts.
Trade union council assistance mission
The board of trade unions may assist the trustee, in particular, in the choice of companies for the ongoing maintenance of the building or for carrying out work decided at the general meeting of the co-owners.
Its assistance mission is defined in co-ownership rulesor by a specific decision of the general meeting of the co-owners.
The agenda of the general meeting of the co-owners is drawn up in consultation with the trade union council.
The President shall prepare and convene meetings of the trade union council. He moderates the debates, divides the tasks between the members.
It forwards the opinions given by the union council to the trustee, the co-owners or third parties.
He receives the information from the trustee and distributes it to the advisors.
The president also produces the activity report of the union council presented each year at the general meeting of the co-owners called to decide on the accounts.
The president must also convene the annual general meeting of the co-owners in the event of the trustee's inaction. It may, on the express delegation of the general meeting of the co-owners, bring an action against the liquidator in the event of his failure or inaction for the damage suffered by the syndicate of the co-owners.
The rules governing the operation of the trade union council are laid down in the rules governing co-ownership. If they are not, they are fixed by the joint owners by a simple majority, referred to in Article 24.
The simple majority (said majority of article 24) corresponds to a majority of the votes cast by the co-owners present or represented and those who voted by mail. Abstentions are therefore not taken into account.
In order to carry out its task, the trade union council may take advice from any person of its choice. He can also ask for a technical opinion from any professional specialized in a particular issue (boiler, elevator...).
The general meeting of the co-owners may delegate to the trade union council, composed of at least three members, the power to take decisions based on simple majority under article 24.
This delegation of powers must be voted by the condominium association at the general meeting of the condominiums by an absolute majority Article 25.
The absolute majority (said majority of article 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
If the decision has received at least of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
The duration of the delegation of powers shall be maximum 2 years. She's renewable by a decision of the general meeting of the co-owners.
Some topics are excluded from this delegation. These are:
- Approval of accounts
- Determination of the estimated budget
- Adaptation of the co-ownership rules necessitated by legislative and regulatory changes
If there is a tie, the President of the union council has the casting vote (upper).
An amount is paid to the union council to implement its delegation of authority. This amount is fixed at the general meeting of the co-owners. Its amount must be included in the estimated budget voted each year. Where the delegation of power relates to expenditure for works not included in the provisional budget, the general meeting of the co-owners must indicate the maximum amount paid for each of these expenses.
The members of the trade union council are not paid.
The expenditure necessary for the execution of their tasks shall be paid by the co-owners within the framework of the current expenditure for the administration of the provisional budget.
The members of the trade union council are elected for a term of office up to 3 years renewable.
The members of the trade union council may terminate their term of office at any time by resigning. In practice, the president of the union board and the trustee must be informed of the resignation.
During their term of office, any member of the trade union council may be revoked by the co-owners by an absolute majority, referred to as Article 25.
The absolute majority (said majority of article 25) corresponds to the majority of the votes of all the co-owners of the building (present, represented and absent).
If the decision has received at least of the votes, it may be the subject of a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or voting by mail).
Please note
the trade union council is no longer validly formed when more than ¼ quarter of the seats are vacant, whatever the cause of this vacancy (illness, resignation, revocation...). However, there is no need to re-elect the entire trade union council as the current members retain their mandate. The general meeting of the co-owners must be convened only to replace the members whose seats have become vacant.
Each member of the trade union council may commit his civil liability or penal in the performance of his duties, for example for lack of control over the management of the liquidator or illegal expenditure.
The syndicate of the co-owners must take out civil liability insurance for each of the members of the trade union council.
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