Management of Apartment Buildings in Co-ownership: Role and Obligations

Co-ownership is a mode of management of buildings in which each owner owns a private part (an apartment, for example) and a share of common areas (hallways, elevators, roofs, etc.). The management of these buildings relies on a specific organization, with well-defined roles and obligations to ensure the smooth functioning of the whole. This article explores the main actors of co-ownership, their responsibilities, and the legal obligations that stem from them.

The role of the co-ownership syndic

The co-ownership syndic is the executive body responsible for the administrative, financial, and technical management of the building. It can be professional or voluntary and is appointed by the general assembly of co-owners for a renewable mandate. The main missions of the syndic include:

• Administrative management: The syndic takes care of keeping the co-ownership registers up to date, convening and organizing general assemblies, as well as implementing decisions made by these assemblies.
• Financial management: The syndic prepares the budget forecast, collects co-ownership charges, manages bank accounts, and ensures the recovery of unpaid amounts. It is also responsible for managing works voted on in general assembly.
• Technical management: The syndic ensures the maintenance and upkeep of the building's common areas. It coordinates interventions by service providers (cleaning, repairs, etc.) and ensures compliance with safety standards.

The role of co-owners

Co-owners are the owners of co-ownership lots, consisting of private parts and a share of common areas. Their main obligations include:

• Payment of charges: Co-owners must contribute to co-ownership charges according to their share, called \\"lot fractions\\". These charges cover current expenses (maintenance, repairs, insurance) and exceptional works.
• Compliance with the co-ownership regulations: Each co-owner must comply with the co-ownership regulations, which define the rights and obligations of each, as well as the rules of communal living in the building.
• Participation in general assemblies: Co-owners are invited to participate in general assemblies, where they can express their opinions on important decisions (budget, works, change of syndic, etc.).

The role of the syndicate council

The syndicate council is an advisory body composed of co-owners elected by the general assembly. Its role is to assist the syndic in building management and to monitor its management. The missions of the syndicate council include:

• Assistance to the syndic: The syndicate council helps the syndic in preparing general assemblies, preparing the budget, and supervising works.
• Management control: The syndicate council checks the accounts of the co-ownership, ensures the proper use of collected funds, and can make recommendations to the syndic.
• Mediation: In case of conflicts between co-owners or with the syndic, the syndicate council can act as a mediator to find an amicable solution.

Legal obligations in co-ownership

The management of buildings in co-ownership is governed by the law of July 10, 1965 and its implementing decree of March 17, 1967. These texts specify the rules regarding the distribution of charges, the holding of general assemblies, the mission of the syndic, and the rights and obligations of co-owners. Here are some key obligations:

• Co-ownership regulations: Each building must have co-ownership regulations that set the operating rules and distribution of charges. This document is binding on all co-owners and must be respected.
• General assemblies: A general assembly of co-owners must be convened at least once a year to approve accounts, vote on the budget forecast, and decide on works to be carried out.
• Account keeping: The syndic must keep separate accounts for each co-ownership, present annual accounts to the general assembly, and submit them for approval by the co-owners.

Concrete examples

Let's say a co-ownership is considering renovating the building's facade. The syndic must prepare a quote, submit it to the general assembly for a vote, and, once approved, oversee the works. Co-owners, based on their lot fractions, contribute to the financing of the works. The syndicate council, on its part, ensures that the works proceed correctly and that expenses are justified.

Laws regulating the management of buildings in co-ownership

The management of buildings in co-ownership is mainly regulated by the law of July 10, 1965 establishing the status of co-ownership of built buildings, and the decree of March 17, 1967. These texts define the obligations of the syndic, the rights and duties of co-owners, as well as the rules for the distribution of charges and the management of common areas.

Conclusion

The management of buildings in co-ownership is a complex task that relies on good coordination between the syndic, co-owners, and the syndicate council. Compliance with legal obligations and co-ownership regulations is essential to ensure harmonious management and avoid conflicts. By understanding the roles and responsibilities of each party, it is possible to maintain a pleasant living environment and sound financial management for the building.