The role of the owner's council: between controlling the managing agent and defending co-owners

Although essential to the proper management of a condominium, the syndicate council is still too often overlooked or underestimated. Yet its mission is a strategic one: it acts as the link between co-owners and the managing agent, overseeing the management of the condominium and ensuring that collective decisions are respected. This pivotal role deserves to be fully understood, structured and promoted, to ensure the efficient and untroubled governance of condominiums.

In this article, we take an in-depth look at the legal missions of the syndicate council, the tools it has at its disposal to control the syndic, its role as a relay between stakeholders, and best practices for optimal operation.

The syndicate council is established by the law of July 10, 1965 (article 21). It is made up of co-owners elected by the general meeting. Its role is advisory and supervisory. It does not make decisions on its own, but assists the syndic and reports to the co-owners.

Many condominiums still operate without a real, active syndicate council, or with an informal council with little involvement. The main cause? A lack of information about its real remit, but also sometimes a mistrust of a role perceived as too administrative. And yet, a well-organized owner's council is a powerful lever for transparency and efficiency in condominium management.

The conseil syndical has no decision-making powers, unless the general meeting has delegated certain specific tasks to it. Its main functions are to:

The law also stipulates that the syndicate council can be consulted by co-owners to put questions to the managing agent or request clarification on his management.

One of the key tasks of the building owner's council is to monitor the accounts and administrative management of the property manager. To this end, it has concrete rights that too few use to good effect.

The syndicate council has permanent access to all accounting records, contracts, invoices, bank statements and administrative documents of the condominium. It may :

This right of access is independent of the approval of the accounts. The syndic may not refuse to consult these documents, on pain of sanction.

Before each Annual General Meeting, the building council takes part in drawing up the provisional budget. It can suggest adjustments, draw attention to unnecessary expenditure or prepare projections for future work.

For major works or long-term contracts (cleaning, elevators, heating, etc.), the building council can request several quotes and help with negotiations. In this way, they can ensure that funds are well spent and that service providers are of the highest quality.

The syndic's council also plays a fundamental communication role. It acts as a link between co-owners, who may have expectations or complaints, and the syndic, who is responsible for day-to-day management.

Any condominium owner can call on the Conseil Syndical to ask a question, report an anomaly or suggest a project. It plays an active listening role, reinforcing dialogue within the building.

It is also a vector of information: explaining decisions taken at the general meeting, monitoring work, progress on projects, regulatory reminders... Good communication avoids mistrust and tension between co-owners.

When a conflict arises between a condominium owner and the managing agent (billing error, management delay, dispute over charges, etc.), the managing agent can act as mediator to find an amicable solution before resorting to litigation.

A good management committee is based on organization, regularity, transparency and competence. Here are a few best practices:

It's important to bring together complementary profiles: some members will be comfortable with numbers, others with legal or technical aspects. A diversity of skills is a major asset.

Scheduling meetings at least quarterly allows you to keep abreast of current issues, anticipate future needs and maintain a constant link with the managing agent.

The president of the syndicate council is the official spokesperson for the body. He or she must be rigorous and available, and know how to work as a team with the managing agent without taking his or her place.

Minutes, briefing notes or a quarterly newsletter are effective tools for maintaining transparency and trust.

Specialized organizations (such as ARC or UNARC) offer training courses for members of the management board, to help them better understand the legal texts, accounting rules and technical issues involved.

The Conseil Syndical is neither a counterweight to the syndic, nor a mere recording chamber. It is a strategic player, guaranteeing the smooth running of the community, cost control and the proper implementation of decisions.

In condominiums where the syndicate council is active, we often observe :

So it's essential to value this role, choose the right members and give them the means to act.

The Conseil Syndical is a forum for proximity, balance and vigilance. Well-structured, well-informed and well-supported, it can transform a passive condominium into an active, responsible and transparent community. It is the embodiment of local democracy within the building, and deserves the full attention of owners and managers alike.