Condominium law, syndic liability, French law, law of 10 July 1965, article 1240 Civil Code, competitive tendering, multi-year works project, PPPT, civil liability, co-ownership regulation
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Abstract
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Abstract
Analysis of the legal consequences and liabilities of a condominium syndic in France, based on various articles of the law of 10 July 1965 and other relevant legislation.
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[...] In this case, as a professional the syndic must be aware of regulatory developments and in particular in terms of energy subsidies. Therefore and in accordance with the aforementioned judgment he fails in his duty of advice if he does not inform the co-owners. They can therefore engage his civil liability on the basis of Article 1240 of the Civil Code. Legal Issue #4 : What are the legal risks of a syndic who refuses to put out to tender new service providers for current maintenance? [...]
[...] Applied Law : In this case, in accordance with the above-mentioned article 14-2, the co-ownership has the obligation to establish in the first place the modalities for the elaboration of a multi-annual works project (PPPT), which must be accepted by simple majority vote. Next, at a future meeting, the syndic must present the PPPT for submission to a vote. The said plan can be discussed by the co-owners, where a schedule can also be presented so that it is adapted to the prescribed recommendations for the building. [...]
[...] Article 544 of the Civil Code. Applied Law : Article 544 of the Civil Code allows each co-owner to enjoy and dispose of their property in the most absolute way, but this provision is framed, in particular, by Law No. 65-557 of 10 July 1965 and Decree No. 67-223 of 17 March 1967 establishing the status of co-ownership of built buildings. Therefore, the holding of regular general meetings is necessary for the proper functioning of the residence. Thus, in accordance with the aforementioned Article the syndical council has every right to request the syndic to convene the general meeting. [...]
[...] Legal Issues : What is the procedure for appointing a provisional administrator? Can co-owners decide not to renew the syndic's mandate? Applicable Law : articles 18 V and 29-1 of the law of 10 July 1965 Articles 47 and 49 of the decree of 17 March 1967 Applicable Law : In this case, and in accordance with article 18 a provisional administrator may be appointed in the event of the syndic's default and in the absence of a provision in the co-ownership regulation. [...]
[...] Managing Condominiums in the Era of Current Energy and Structural Challenges 1. Facts: An energy audit conducted in 2023 classified a condominium building in category F according to the collective DPE. Subsequently, at the initiative of the board of directors, an energy report was submitted in January 2024 prescribing the implementation of major works, the cost of which would amount to ?850,000 incl. VAT, subsidized to the tune of 30% subject to a vote before the end of 2025. The manager has not convened a general meeting since June 2023 despite a written request from the board of directors. [...]
