Is your trustee no longer able to carry out his duties? How do you send out calls for charges, pay the bills, pay the custodian? Frédéric-Pierre Vos, a lawyer at LVI, answers us.
Under what circumstances can a co-ownership find itself without a trustee?
Several hypotheses are possible: the syndic may become seriously ill, he may resign, he may be dismissed, he may no longer perform his duties in a serious manner, his mandate is not renewed or his mandate is declared null and void.
Can the President of the Trade Union Council take the place of the Syndic?
No one can replace the syndic, neither the conseil syndical nor its president.
How do I find a trustee?
The procedure is as follows: one or more co-owners will file a request with the president of the tribunal de grande instance to have a provisional administrator appointed who will be responsible for convening a general meeting to appoint the new syndic.
Is there a simpler procedure?
Then indeed, Emmanuel Macron, when he was Minister of the Economy, simplified the procedure by allowing the mayor of the commune to do so, in the event that the co-owners do not take their case to court. The Macron law goes even further, since a single co-owner can convene a general meeting to appoint a new syndic, but in the event that the general meeting is not convened, the matter must be referred to the court.
What is the role of the syndic?
The trustee is a person or company who is in charge of the day-to-day management of a building. He or she must oversee the day-to-day maintenance, cleaning, gardening, work and legal, technical and financial matters of the co-ownership. He carries out the decisions taken by the general meeting of co-owners.
If you would like more information on this matter, we invite you to contact Frédéric-Pierre Vos, a lawyer specialising in real estate, land, administrative, consumer, urban planning, environmental and expropriation law and founder of the firm LVI avocats associés, directly.
