The legal obligations of the condominium manager: responsibilities and limits
Co-ownership management relies on one key player: the syndic. His role is to ensure the smooth running of the building by implementing the decisions of the general meeting, maintaining the common areas and managing the co-ownership's finances. However, the role of the syndic is strictly defined by law, with precise obligations and limits that must not be overstepped.
In this article, we'll look in detail at the legal responsibilities of the building manager, his unavoidable obligations and the remedies available in the event of breach.
The legal framework for managing condominiums
- The syndic may be a professional (such as a specialized firm) or a voluntary syndic elected by the co-owners. In all cases, his activity is governed by the law, in particular by the law of July 10, 1965 and the decree of March 17, 1967, which define his missions and responsibilities.
- Since the ALUR law of 2014 and the ELAN law of 2018, new obligations have been imposed on syndics to improve the transparency and management of condominiums. For example, setting up a separate bank account and transmitting documents via an online space are now mandatory for most co-ownerships.
The main tasks of the managing agent
The role of the condominium manager is to ensure the administrative, financial and technical management of the building. Its main missions are as follows:
1. Administrative management
The syndic legally represents the syndicate of co-owners. In this capacity, he is required to :
- Convenes and organizes the Annual General Meeting at least once a year. He must send out invitations within the legal deadlines and ensure that voting takes place smoothly.
- Draft and update the minutes book, which records all decisions taken at the AGM.
- Update the list of co-owners and their percentages, to ensure proper distribution of charges.
2. Financial management
The syndic is responsible for the condominium's accounting. In particular, he must :
- Draw up and manage the provisional budget submitted to co-owners for approval.
- Ensure collection of charges by sending out calls for funds and, if necessary, taking legal action against defaulting co-owners.
- Maintain a separate bank account in the name of the condominium (except for very small condominiums).
3. Technical management and building maintenance
Maintaining common areas is one of the main responsibilities of the building manager. He must :
- Place and monitor maintenance contracts (elevator, cleaning, green spaces, etc.).
- Organize and supervise the work approved by the GM, requesting several quotes and selecting service providers based on the decisions of the co-owners.
- Ensure residents' safety, notably by carrying out regulatory checks (electricity, gas, fire safety, etc.).
The legal obligations of the managing agent
In addition to these general duties, the building manager is subject to a strict legal framework. Here are his main obligations:
1. Respect financial transparency
Since the ALUR law came into force, property managers have been required to provide co-owners with online access to essential co-ownership management documents (budgets, contracts, invoices, bank statements, etc.). This transparency aims to limit abuse and enable better monitoring of the building's finances.
2. Third-party liability insurance
It is imperative that you take out professional liability insurance to cover any errors or negligence in the performance of your duties.
3. Carry out decisions voted at general meetings
The syndic does not have the power to make major decisions without the approval of the co-owners. He must strictly apply the resolutions voted at the AGM, and cannot undertake major works without approval (except in emergencies).
4. Respect legal deadlines and formalities
The building manager must respect precise deadlines for convening general meetings, sending out calls for service charges and collecting outstanding payments. Failure to do so may result in the decisions taken being challenged.
The limits of the trustee's power
Despite his central role, the syndic cannot act without framework or control. His main limitations are as follows:
- He may not incur expenses not approved by the general meeting (except in the event of an emergency threatening the safety of occupants).
- It cannot modify the condominium by-laws, nor can it decide alone on a major change in the management of the building.
- He is accountable to the co-owners and can be dismissed at any time if his management is deemed unsatisfactory.
What to do in the event of a breach by the managing agent?
If a managing agent does not fulfil his or her obligations or commits abuses, co-owners have a number of recourse options:
-
Dialogue and formal notice
Before taking any more serious steps, we recommend sending a registered letter asking the building manager to rectify any shortcomings. -
Contestation at the general meeting
At the AGM, co-owners can refuse to approve the management of the managing agent and vote for a change of service provider. -
Legal action
In the event of serious misconduct (misappropriation of funds, inaction in the face of urgent problems, etc.), it is possible to take legal action to have the managing agent removed from office and claim damages.
Conclusion
The condominium manager plays an essential role in the proper management of the building. His or her responsibilities are numerous, and are governed by the law to ensure efficient and transparent administration. However, his powers are not unlimited, and co-owners must remain vigilant as to the quality of his management. In the event of default, there are remedies available to protect the interests of the co-ownership.
