Can the current term of a co-ownership trustee be terminated?
Verified 01 June 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, if the allegations are sufficiently serious (for example: management errors, non-implementation of decisions taken at general meetings, non-payment of expenses). In this case, the trustee's contract may be terminated before the end of his term of office. This decision must be taken at a general meeting.
The trustee must put this matter on the agenda.
If the trustee refuses, one or more co-owners or the union council may call an extraordinary general meeting..
At the general meeting, the syndicate of co-owners must report evidence of the trustee's default(s) (e.g., recommended reminder letters). The trustee must then present his or her views.
The decision on the trustee's contract must be passed at the absolute majority co-owners.
Without an absolute majority and if the decision to terminate the contract receives at least one vote from the co-owners, the same assembly must make a 2nd vote simple majority.. However, if the decision receives less of the votes, a new general assembly must be convened within 3 months to proceed to a simple majority vote.
Termination of contract must be effected as soon as possible 1 free day after the meeting.
Before voting the decision of the contract of the trustee it is therefore necessary to prepare replacement to avoid any break in the management of the condominium.
An undue termination of the trustee's contract may result in a condemnation by the syndicate of the co-owners for payment damages.. The amount of damages may be the amount of fees that the trustee could have collected had he continued to hold office until the end.
The president of the union council may refer the matter to the court to seek damages from the trustee for the damage suffered by the syndicate of co-owners for the alleged acts. Where the condominium does not have a union council, this remedy may be exercised by 1 or more co-owners representing at least ¼ of the votes of all the co-owners. In the event of a conviction, damages shall be paid to the syndicate of joint owners.
- Decree n°67-223 of 17 March 1967: Article 10Inclusion of an item in the agenda
- Act No. 65-557 of 10 July 1965: Article 25(1)Convening of the General Assembly
- Law n°65-557 of 10 July 1965 fixing the status of the condominium: Article 25Vote
- Act No. 65-557 of 10 July 1965: Article 18Tasks of the trustee