Condominium Management Contract and Syndic Responsibilities

Extract

[...] Issue: What is the nature juridique du contract of syndic and which are her main obligations legal obligations? Applicable law : Articles 18 and 18-1A of the Law of 10 July 1965. Annex 1 of Decree No. 67-223 of 17 March 1967. Article 1984 of the Civil Code. Applied Law : As stated in the aforementioned article 18-1A and annex the condominium management contract is a mandate contract, article 1984 of the Civil Code, where the co-owners grant powers to the syndic to fulfill, in their names, various obligations listed in article 18 of the law of July 10, 1967. [...]

[...] Applicable Law : Judgment of the Court of Cassation June 2021, n°20-13269. Court of Appeal of Paris on 16 May 2018 (ch. May 2018, n° 16/17765) Article 21 of the law of 10 July 1965 Article 10 of the decree n°67-223 of 17 March 1967 Applicable law: In this case, the non-competition of the syndic is indeed an irregularity in accordance with Article 21 of the law of 10 July 1965. On the other hand, and as the jurisprudence and notably the judgment of the Court of Cassation of 2 June 2021 specify, there is no provision sanctioning this irregularity. [...]

[...] The elevator being a common equipment, his responsibility can be engaged. She can be so with her civil liability, article 1240 of the Civil Code. Civil liability which will be characterized by a fault, a prejudice and a causal link relating the two. The syndic having failed to fulfill his obligation to ensure the proper functioning of the elevator, which is a fault on his part that caused a prejudice, the injury of a co-owner, due to the breakdown, this being the causal link. [...]

[...] He also manages the condominium finances, for example: he establishes a budget, keeps the accounts, collects unpaid amounts. The professional syndic is also subject to a duty of advice to the co-owners. He also follows up on the works, takes out insurance, ensures the safety of the building and makes available to the co-owners important documents: minutes of general meetings, condominium regulation, synthetic sheet etc. Facts : Without the authorization of the general assembly, a syndic can carry out important works on the roof for an amount of 35,000 In order to justify his action, he claims that these works have an urgent character due to infiltrations. [...]

[...] The change of syndic is made by the absolute majority of article 25 of the law of 10 July 1965. Facts : During the convocation to the assembly general, certain co-owners on I noted that the order you jour ne mentionnait pas the mise in concurrence obligatory planned par the law, ni the possibility to designate a volunteer syndic. Problems : Is a general meeting that does not mention the mandatory competition by law or the possibility of designating a volunteer syndic irregular? Is the candidacy of a volunteer syndic possible and if so, what conditions must it respect? [...]