Condominium energy transition, syndic role, initiative power, energy renovation, climate emergency, condominium management, energy efficiency, building renovation, sustainability
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Abstract
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Abstract
The role of the syndic in condominium energy transition: should they be a simple executor or have initiative power to accelerate energy renovation?
Extract
[...] In fact the and there are advantages to this power : - The mayor has a technical competence stronger and a global vision of the building's needs - It can act more quickly, especially to obtain grants that are often conditional on deadlines - This would allow overcoming the blockages or delays of co-owners, [...]
[...] The syndic, on the other hand, as the central organ of condominium management, is at the heart of the system. But should his role remain that of a simple executor of the general assembly's decisions or should he be given a true power of initiative in order to accelerate the energy transition ? This question opposes the democratic logic where co-owners decide collectively and the logic of efficiency that requires quick and technical decisions. It is therefore necessary to examine the limits of the current role of the syndic before considering the the need for a strengthening of its powers for promoting energy renovation (II). [...]
[...] The decisions on works need majorities that are difficult to reach, which delays the renovations. However, if the syndic remains a simple executor, these blockages and delays will continue. The consequence is that condominiums advance slowly towards compliance with energy requirements. Therefore, many believe that the syndic should become a true driver of renovation in informant, counselor, and especially by anticipating needs before the situation deteriorates. II) Towards a more active syndic in the energy transition Legislative evolution for a more active role In today's context, reforms have strengthened the role of the syndic. [...]
[...] Therefore, important works, such as energy works, require the approval of the general assembly according to the majorities provided for in this same law. This organization sets up the fundamental principle of co-ownership which therefore rests on the democracy directe. The syndic only applies the will of the collective and has no intention to impose or engage the co-ownership in works, even if they are necessary on an energy level. However, it can still include the projects on the agenda, obtain quotes and inform the co-owners. [...]
[...] Also, the syndic must inscribe to the agenda of the assemblies, questions about energy performance and inform the co-owners of financial aids which exist. In this way the syndic then becomes a actor of impulse and a facilitatoractor: since he must prepare the decisions, sensitize the co-owners and coordinate the preliminary studies. He therefore acts 'upstream' but remains dependent on the vote of the co-owners to be able to take concrete action. The idea of a framed initiative power: a balance between efficiency and democracy For accelerating the energy transition, should the syndic not obtain a a power of initiative, even if it is limited, in order to allow him to engage in certain procedures without prior authorization ? [...]
