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The union council is composed of elected members of the co-ownership. It coordinates the relations between the trustee and the co-owners and ensures a mission of consultation, assistance and control of the trustee. The members of the union council are not paid. They shall be elected for a term of not more than 3 renewable years.
The union council controls the management of the condominium trustee and in particular:
- Accounting co-owner union
- Allocation of expenditure
- Conditions under which contracts are concluded and executed
- Development estimates the execution of which
All members of the Board of Trustees may consult documents relating to the management of the trustee and the administration of the co-ownership (e.g., e-mails, letters, records).
They can freely make copies of these documents.
These documents must be submitted by the trustee. In case of failure to transmit beyond one month from the request of the trade union council, €15 each day of delay shall be deducted from the trustee's annual lump sum remuneration. These penalties are deducted from the trustee's remuneration at the time of the order of the accounts to be submitted to the general meeting.
The union council may give its opinion or be consulted on all matters concerning the joint owners' union.
In addition, the trade union council is required to be consulted in order to put contracts and contracts in competition, the cost of which exceeds an amount fixed by the assembly. He is also required to be consulted for the conclusion of contracts.
The trade union council may assist the trustee in particular in the selection of undertakings for the ongoing maintenance of the building or for the carrying out of works decided in general assembly.
Its assistance mission is defined either in the condominium settlement, or by a specific decision of the joint owners' meeting.
The union council is composed of members elected by the union of joint owners.
Conditions for eligibility
The following persons may be elected:
- Co-owner (or spouse or partner of Pacs)
- Legal co-owner
- Term buyer (life purchase variant)
The trustee, his employees or his entourage cannot be members of the union council even if they are co-owners in the building. The people in his entourage are:
- Person he lives with in a relationship
- Parents in a collateral line up to 2me degree (grandparents, grandchildren...)
Warning : this rule (trustee's entourage and employee) does not apply if the trustee is a cooperative.
Conditions for election
The members of the union council shall be elected absolute majority.
Without a majority (or lack of a candidate), the trustee or any co-owner may seize the court to appoint the members of the union council with their agreement or to establish the impossibility of setting up a union council.
The elected trade union council shall then appoint a chairman from among its members according to the rules laid down by the joint ownership rules or by a majority of the members if they are not specified.
FYI : the joint owners union may waive the right to form a union council by a general assembly vote at double.
The rules of operation of the trade union council are established by the co-ownership regulation if it exists or by the co-owners at simple majority.
To carry out its mission, the union council may take advice from any person of its choice. It can also ask any professional specialised on a particular issue (boiler, lift...) for technical advice.
The General Assembly (GA) may delegate to the Trade Union Council, composed of at least 3 members, the power to take decisions falling within the simple majority referred to in Article 24.
This delegation of authority must be voted by the joint owners union in AG by an absolute majority Article 25.
The absolute majority (said majority of section 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 some votes, it can be subject to a 2nd simple majority vote on article 24 (majority of votes of co-owners present, represented or who voted by correspondence).
The duration of the delegation of powers shall not exceed 2 years. It is renewable by a decision of the AG.
Certain subjects are excluded from this delegation. These are:
- Account Approval
- Determination of estimates
- Adaptation of co-ownership rules required by legislative and regulatory amendments
If there is a tie, the vote of the president of the union council is dominant (superior).
An amount is paid to the union council to implement its delegation of authority. This sum is fixed in AG. Its amount must be included in the budget estimates voted each year. Where the delegation of authority relates to work expenses not included in the estimates, the AG shall indicate the maximum amount paid for each of these expenses.
The members of the union council are not paid.
The costs necessary for the execution of their mission shall be paid by the joint owners by the current costs of administering the estimates.
The members of the union council are elected for a term of up to 3 years renewable.
Members of the union council can break their terms of office whenever they wish.
During the term of office, any member of the union council may be removed by the co-owners at absolute majority.
Please note : the union council is no longer properly formed when more than ¼ quarter of the seats are vacant, whatever the cause of this vacancy (illness, resignation, revocation...).
Each of the members of the union council may incur responsibility for the performance of its mission, for example for lack of control over the management of the trustee or illegal expenses.
The union of the joint owners must subscribe, for each member of the union council, a liability insurance.