Condominium Syndic Revocation Law

Extract

[...] Can the revoked condominium syndic obtain damages and interest ? The revocation of a condominium syndic before the end of their term Majeure In accordance with Article 2004 of the Civil Code, the common law of contracts provides that the principal may revoke their power of attorney binding them to their agent at their discretion:The principal may revoke their power of attorney at their discretion and compel, if necessary, the agent to return to them either the private handwritten document that contains it, or the original of the power of attorney, if it was issued in the form of a patent, or the copy, if a minute was kept. [...]

[...] The fact that his mandate was initially supposed to last until 2026 does not prevent its early revocation. II) The condominium syndic's right to damages and interest in case of early and abusive revocation Majeure In accordance with Article 18 VIII) of the Law of 10 July 1965 fixing the condominium status of built buildings, an exception to the principle of revocation ad nutum of the syndic is added: 'The syndic's contract can be terminated by one party in case of sufficiently serious non-performance by the other party.' The article therefore explicitly aims at contractual non-performance, which must be of sufficient gravity. [...]

[...] 1-4 co-ownership 16 October 2024 / n° 22/01202) Minor In this case, several co-owners had expressed a dissatisfaction : delays in funding calls, absence of response to emails, accounting errors. According to the aforementioned jurisprudence, these elements are a legitimate reason for revocation of the syndic. Solution From then on, if the entire formalism/procedure of revocation has been properly followed, the revocation of the condominium syndic does not present an abusive character. In these circumstances, the condominium syndic is not entitled to solicit and obtain damages and interest for this revocation before the end of his term of management. [...]

[...] Minor In this case, the co-owners have convened an extraordinary general meeting. The revocation of the condominium syndic has indeed been voted at the majority of article 25 of the aforementioned law. Thus, only a general assembly can decide on a revocation at any time, even if the syndic's mandate normally lasts for several years. The revocation must be made by a majority, as is the case here. Solution From then on, the revocation of the condominium syndic is valid. [...]

[...] Following various dysfunctions in the management of the building (of delays in the transmission of funding calls, absence of response to communications from owners, accounting errors in the annual breakdown of charges) which have been notices by several co-owners, the latter have requested the convocation of an extraordinary general assembly in order to decide on the revocation of the syndic of co-ownership and the designation of a new. In April 2024, the general assembly thus decided the revocation of the co-ownership syndic during the term of office and the nomination of a new, to the majority legal required. The condominium syndic revoked contests this decision, which he estimates abusive, in invoking the remaining term of his mandate, which was to continue until 2026. [...]