Who chooses the condominium corporation's lawyer?

As a co-owner, it's essential to understand the process of selecting a lawyer for the syndicat des copropriétaires. This decision, crucial to the management of the co-ownership, is governed by strict rules to ensure transparency and efficiency in the administration of the building.

The condominium manager plays a central role in the management of the building. He or she is responsible for implementing decisions taken at the general meeting, financial management, building maintenance and, more generally, ensuring the smooth running of the co-ownership. When a complex legal situation arises, requiring the intervention of a lawyer, the syndic must engage a legal professional to defend the interests of the syndicate of co-owners.

The appointment of a lawyer for the syndicate of co-owners cannot be made without the agreement of the co-owners. The syndic must obtain the authorization of the general meeting of co-owners to hire a lawyer. This decision is generally taken by an absolute majority at the annual general meeting, or at an extraordinary general meeting convened specifically to deal with this issue.

At this meeting, the syndic presents the reasons why the intervention of a lawyer is necessary, as well as the criteria for selecting the latter. The co-owners can then debate the proposal and vote for or against the choice of lawyer. It is also possible, depending on the condominium's articles of association, for the co-owners to suggest other lawyers and make a selection from among several candidates.

The syndic's council plays an important advisory role in this process. Composed of co-owners elected at the general meeting, the syndic's council assists the managing agent in his missions and can be consulted on the choice of lawyer. The managing agent can ask the syndic's council to issue an opinion on the prospective lawyers, enabling a more informed and shared selection.

Transparency is paramount in the process of selecting a lawyer for the syndicate of co-owners. It is crucial to avoid any conflict of interest. The syndic must ensure that the choice of lawyer is made in the exclusive interest of the co-ownership, without favoritism or external influence.

In short, the choice of lawyer for the condominium association is a collective decision taken by the general meeting of condominium owners, on the recommendation of the managing agent and, often, with the advisory opinion of the condominium council. This process is designed to ensure that the selected lawyer best defends the interests of the co-ownership, within a transparent and democratic framework.

If you have any further questions or require legal support for your condominium, please do not hesitate to contact me. As a lawyer specializing in condominium law, I'm here to help you find legal solutions tailored to your needs.