- A quick reminder about the trustee's mission
- The trustee's liability
- Criminal liability of the trustee
- Syndic of co-ownership and hijacked funds: what recourse?
The trustee of co-ownership is an intermediary who has been mandated to manage the condominium. In some cases, it can be unscrupulous by drawing on the funds of the co-ownership and falsifying the accounts. Condominiums may then consider different remedies to remedy the situation.
A quick reminder about the trustee's mission
The trustee is a natural or legal person who acts on behalf of the co-owners. It supports all the management of the condominium. As part of his duties, he uses funds that he does not own. Nevertheless the money in question passes through bank accounts which he has total control. Given his functions, the trustee must be someone you trust. However, sometimes things go wrong and funds are diverted. His responsibility is then engaged in different ways.
The trustee's liability
In matters the trustee's liabilitythere are two categories. On the one hand, there is the contractual liability that includes the trustee's actions during his term. Only the co-owners can invoke it. On the other hand, one finds the tort liability which concerns the civil acts of the trustee which do not appear explicitly in his contract but which can cause damages. Anyone affected can invoke it, even those who are not co-owners.
Criminal liability of the trustee
The criminal responsibility relates to the acts pointed out by the penal code and whose trustee of co-ownership is responsible. Offenses can be financial. For example, the trustee may draw on the funds of the co-ownership: it is simply a theft. With the same idea, it is possible that the trustee of co-ownership diverts funds. In terms offinancial offensesthere is also fraud and breach of trust.
Syndic of co-ownership and hijacked funds: what recourse?
First, it must be emphasized that there is a waiting period that must be taken into account in bringing the case to justice. This period is 30 years after the facts for a contractual liability and 10 years after the facts in the case of a tort liability. In both cases, the District Court corresponding to the address of the building is seized.
Management errors are covered by the trustee's professional insurance. Nevertheless, he remains responsible in case of criminal fault and must answer for his actions.
In the end, in the case where the co-owners wish to engage the responsibility of a trustee, the general meeting of co-owners must be called to revoke and appoint a new trustee. The latter will be responsible for undertaking the various formalities in order to update the accounts.