Change of trustee: what happens to the documents of the co-ownership?
Verified 11 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The trustee who leaves his duties must transmit certain information and documents of the co-ownership to the new trustee.
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
Documents to be submitted within 1 month of termination of duties
- All documents and archives of the condominium pool and all paperless documents related to the management of the building or managed lots, in a downloadable and printable format. These documents must be accompanied by a summary of these documents. The trustee must provide a copy of this slip to the trade union council.
When the union has chosen to entrust its records to a specialized provider, the trustee must, within this period of 1 month, inform the provider of this change by communicating the contact details of the new trustee.
- All contractual or technical documents relating to the building (in particular the comprehensive technical diagnosis)
Documents to be submitted within 3 months of termination of service
- Statement of accounts of co-owners and condominium pool after discharge and closure
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 sign-in
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 paperless documents, information and documents, and the payment of damages due since the formal notice.
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