- The professional condominium trustee
- The trustee of unprofessional co-ownership
- The requirements of the profession
- The designation of the co-ownership trustee
All co-owners must appoint a trustee whose role is to ensure the administration and management of the building but also the legal representation of the syndicate of co-ownership. The trustee can be professional or not and his appointment follows a well-defined process.
The professional condominium trustee
A trustee of co-ownership can be a professional, as it happens a natural or legal person. To play this role, he must meet certain imperatives. He must prove a financial guarantee (by a bank or by a mutual guarantee institution) to cover the funds of the co-ownership. He must have a professional liability insurance and a professional card proving his skills in the field of property management. It is necessary that he opens a bank account or postal account for the benefit of the co-ownership that is well separated from his own account (unless the co-owners vote otherwise).
The trustee of unprofessional co-ownership
It is not mandatory that the condominium trustee be a professional. This mission can be carried out by a volunteer co-owner or by a cooperative of co-owners who have been selected between the persons sitting on the union council. One more time, the trustee must open an account bank or a postal account in the name of the co-ownership (unless the co-owners decide otherwise). A trustee of nonprofessional co-ownership is not required to have a professional card and a financial guarantee. Subscribing to professional liability insurance is not mandatory but strongly recommended.
The requirements of the profession
In any case, the trade of syndic implies to possess certain skills in the legal field, accounting and financial management, of administrative management and in the organization of general meetings. The role of the co-ownership trustee is also to ensure compliance with the co-ownership regulations and its application. Beyond the technical knowledge, it is necessary to be patient, organized and show authority while being attentive. Its qualities are essential to carry out the mediations and to resolve the conflicts that do not fail to arise within a co-ownership.
The designation of the co-ownership trustee
Before a trustee of co-ownership is appointed, it is necessary to put a number of draft contracts into competition. This step is taken care of by the union council and is not obligatory in the absence of union council. The contract of trustee determines the duration and the conditions of execution of the mandate as well as the remuneration of the trustee of co-ownership. The vote then takes place in the general assembly and the appointment of the syndic requires an absolute majority.