The obligations of the condominium manager: Roles, missions and legal framework
Introduction: Why is the syndic essential in co-ownership?
The condominium manager plays a central role in the management and smooth running of a condominium. Whether a professional or a volunteer, the appointment of a syndic is a legal obligation for all co-ownerships organized under the terms of the law of July 10, 1965 and the decree of March 17, 1967. However, many co-owners are unaware of the extent of their duties and responsibilities, which can lead to misunderstandings and malfunctions.
In this article, we'll explore the legal obligations of the syndic, his responsibilities, and possible remedies in the event of default. Whether you're a co-owner or a member of the syndicate council, this article will give you all the keys you need to understand this fundamental role.
1. The syndic: a legal obligation for all co-ownerships
What is a condominium manager?
The syndic is an entity, represented by a natural or legal person, responsible for managing the common areas and ensuring that the decisions taken at the general meeting are carried out. Its main mission is to act in the collective interest of co-owners, while respecting the strict legal framework imposed by the law.
Why is it mandatory for a condominium to appoint a managing agent?
Under article 17 of the 1965 law, every co-ownership must be administered by a syndic. This obligation is designed to ensure transparent and efficient management of co-owned buildings. Without a syndic, the co-ownership is in an illegal situation, which can lead to sanctions and bottlenecks in day-to-day management (works, insurance, etc.).
The different types of trustee
- Professional property managers: often chosen for their competence and expertise, they are remunerated according to a contract governed by law.
- The voluntary syndic: usually a co-owner, he or she is appointed for his or her knowledge and involvement. This choice reduces costs, but requires a high level of availability.
2. The main legal obligations of the managing agent
The syndic carries out his duties under the supervision of the general meeting and the syndical council. His main duties include :
a) Co-ownership administrative management
- Keep an up-to-date list of co-owners and their contact details.
- Store and manage official condominium documents, such as condominium bylaws, minutes of general meetings and maintenance contracts.
- Be able to provide these documents to co-owners on request.
b) Bookkeeping
The syndic is responsible for :
- Drawing up a provisional budget and allocating expenses.
- Collecting charges from co-owners.
- Clear, precise accounting in compliance with applicable accounting regulations.
c) Organization of Annual General Meetings (AGMs)
The annual general meeting must be convened. During this meeting, the managing agent :
- Presents the financial results for the past year.
- Submits any work or decisions required for the building to a vote.
- Answers co-owners' questions.
d) Execution of General Meeting resolutions
The syndic must implement the decisions taken by the co-owners at the AGM. This includes :
- The launch of voted works.
- Setting up new contracts (insurance, service providers, etc.).
e) Building upkeep and maintenance
The syndic is responsible for :
- Monitor the general condition of common areas.
- Organize emergency repairs.
- Ensure compliance with safety standards (elevators, collective heating, etc.).
f) Compliance with legal and regulatory obligations
The syndic must ensure that the condominium complies with legal obligations, such as taking out civil liability insurance, complying with technical diagnoses, and displaying compulsory information in the building.
3. The responsibilities of the managing agent in the event of default
Despite its crucial role, a trustee can fail. The main failures include :
- Mismanagement of condominium funds.
- Failure to comply with AGM decisions.
- Lack of communication with co-owners.
Consequences for condominiums
These failures can lead to delays in work, legal disputes and deterioration of the building.
Recourse against a defaulting syndic
In the event of a serious breach, co-owners may :
- Refer the matter to the union council for formal notice.
- Dismiss the trustee at the AGM and appoint a new one.
- Take civil or criminal action if necessary.
4. The relationship between the managing board and the property manager
The role of the syndic's council is to monitor and advise the managing agent. This relationship is based on :
- Regular communication to monitor decisions taken.
- An audit of the accounts to ensure their accuracy.
Efficient collaboration ensures smooth, transparent management of the condominium.
5. How to choose a competent trustee
Criteria for selecting a professional builder
- A good reputation and recommendations.
- Transparency on fees and services included.
- Availability and responsiveness to emergencies.
Advantages and disadvantages of voluntary management
Although less costly, a voluntary syndicate requires a strong commitment on the part of co-owners, as well as management and legal skills.
6. Recent developments in the regulations governing managing agents
The Elan law
This law introduced new rules designed to strengthen transparency and protection for co-owners.
Digitalization
With the emergence of online platforms, many condominium managers are modernizing their management to offer greater transparency and simplify procedures for co-owners.
Conclusion
The syndic is an essential pillar of the condominium, guaranteeing its functioning and durability. As a co-owner, it's crucial to understand your rights and duties to avoid conflicts and ensure optimal management. Whether professional or volunteer, the syndic must act in the common interest, respecting the strict legal framework imposed on him/her.
