In case of a change of trustee, what happens to the documents of the co-ownership?

When there is a change in trustee, the outgoing liquidator shall deliver the records of the joint ownership to the new liquidator. The purpose of this obligation is to ensure the continuity of the management of the building and to avoid any malfunctioning.

The law thus provides for the transmission of several documents and information between the two trustees within specific deadlines (15 days, 1 month and 2 months). These are times in days or months calendars.

Documents to be delivered within 15 days of termination of duties

• Cash position of the condo
• Bank Account References for the condominium pool and bank contact details

These documents may be delivered in paper or dematerialized format, provided they are downloadable and printable.

Documents to be submitted within 1 month of termination of duties

The trustee must transmit all the documents and archives of the condominium pool.

These are documents:

• Legal and administrative (register of general meeting minutes, list of co-owners with their contact details, building maintenance book, ongoing contracts with suppliers and service providers, etc.)
• Accounting and financial (bank statements and balances of the condominium accounts, condominium ledgers, balance sheet, documents concerning outstanding payments and procedures in progress, invoices and proof of expenditure, etc.)
• Technical and maintenance (mandatory technical diagnostics such as comprehensive technical diagnosis, building plans, claims and insurance documents, etc.)
• Concerning building staff (building staff employment contracts, payslips, social declarations and Urssaf documents).

Items related to building management or managed lots sent in a paperless manner must be in a downloadable and printable format.

The archives must be accompanied by a summary of the documents submitted. The trustee must provide a copy of this slip to the trade union council.

Documents to be submitted within 2 months of termination of duties

• Statement of accounts of co-owners and condominium pool after clearance and closing

These documents may be delivered in paper or dematerialized format, provided they are downloadable and printable.

If the trustee does not submit the required documents in time

The new trustee or the president of the trade union council must demand that the former trustee forward the documents. Such formal notice shall be given by one of the following means:

• Registered letter with acknowledgement of receipt or e-registered letter
• Act of the Commissioner of Justice (former bailiff and judicial auctioneer)
• Discount against receipt or signing.

If the former trustee does not transmit the documents in a 8-day period after formal notice, the new liquidator or the president of the trade union council may to appeal to the court.

The judge may then order that the penalty payment documents, information and documents, and the payment of damages.