- Role and methods of intervention of the provisional administrator
- Procedure for appointing the provisional administrator
- Interests and limits of the provisional administrator's action
While trustees are well-known interlocutors in co-ownership, temporary administrators are less so. Yet these play a decisive role for condominiums facing extreme difficulties. Presentation of the provisional administrator.
Role and methods of intervention of the provisional administrator
The provisional administrator is an independent professional, a judicial administrator registered with the court of appeal, an ad hoc agent, or a natural or legal person with special skills and / or experiences.
Its role is to help condominiums facing serious financial problems, a default of their trustee, or a lack of trustee, to bring them back to a healthy and stable situation, both in their finances and in their current operation.
To do this, the provisional administrator is authorized to manage the co-ownership temporarily, and in the same way as a trustee, by convening the General Assemblies, by calling the funds, or by ordering the works for example. In addition, if it intervenes specifically to financially recover the co-ownership, it has, among its missions, the charge to evaluate the debts then to establish a plan of purification of these for a duration of 5 years maximum.
Procedure for appointing the provisional administrator
The appointment of a provisional administrator results from the order of a judge, on referral to the Tribunal de Grande Instance on which the condominium depends. This referral can be initiated by various actors, including the trustee on consultation with the union council, the co-owners whose votes are at least equal to 15% of the entire condominium, the Mayor, or the Prefect.
It is also, in this order, that the judge specifies the nature and the duration of the mission entrusted to the provisional administrator.
Interests and limits of the provisional administrator's action
In addition to cleaning up and restoring the situation of the co-ownership, the appointment of a temporary administrator allows freezing certain previous claims and to put in suspense any legal action for recovery, and this for a period of one year maximum.
However, this approach has a relatively high cost for the co-ownership. It includes the costs of legal proceedings, and those relating to the fees of the provisional administrator which include the administration of the condominium according to the number of lots and the duration of the intervention, the holding of General Meetings, or still a percentage on current expenses and works.