When it comes to co-ownership, the latter must be taken care of by the syndic of co-ownership. Whatever his status, professional or voluntary, he has the duty to respect certain obligations. So, without further ado, let’s dive into this blog and learn about some of the things you ought to know about litigation.
A law governs the obligations of the syndic
A law created on July 10, 1965, established the obligations of the syndic of joint ownership. Over the years, its contents underwent many modifications which adapt to the evolutions of time. But first of all, it is necessary to emphasize the difference between the syndicate of co-owners and the syndic of co-ownership. The former refers to all the owners of a building, while the latter refers to the person in charge of representing the syndicate of co-owners and managing the residence.
The general obligations of the syndic of co-ownership
The obligations of the syndic of co-ownership are governed by article 18 of the law of 1965. Firstly, he must check if the rules of co-ownership and the deliberations of the general assembly are applied. Then, he ensures the administration of the property by ensuring its conservation, maintenance, and, if necessary, the execution of repair works.
The syndic of co-ownership supervises from time to time the employees of the building. He also takes care of the insurance contract against the risks of civil liability on behalf of the co-owners since he is the representative of the syndicate of owners for all civil acts and those that are before a court.
He is also responsible for the documents related to the management of the co-ownership as well as the maintenance book of the residence. The trustee is also in charge of the registration of the co-ownership in the national register of co-ownership as well as its proper functioning.
However, a new law resulting from the decree of May 23, 2019, applied since July 1, 2020, stipulates the dematerialization of the following documents: the rules of the co-ownership, the insurance contracts of the building under the name of the syndicate of co-owners, the contracts as well as the markets accepted by the syndicate and the syndicate of co-owners, the estimates of the works validated by the general assemblies, the contract of the syndic, the contracts of maintenance and maintenance of the common goods.
The accounting and financial obligations of the syndic
The accounting and financial management are part of the obligations of the syndic towards the co-owners. In relation to the trade-union council, he takes care of the provisional budget and the accounts of the syndicate. Indeed, it is in this environment that he establishes the special provisions to carry out the maintenance works or the renovation of the equipments and the common parts.
The syndic has an obligation to realize a separate accounting of each syndicate whose management must show the situation of each co-owner towards the syndicate. To do so, he is obliged to keep two important documents:
- The journal book, which records the current operations, having an effect on the finance and the functioning of the syndicate of co-owners.
- The ledger summarizes by item all the operations.
The obligation of the syndic in case of works
If a general assembly votes work, the syndic is responsible for its execution and good progress. In general, he is responsible for any vote concerning the co-ownership during a general assembly. Then, he contacts the service providers to ask for the estimate, the signature of the contracts on behalf of the syndicate of co-owners, and the payment of the invoices.
Faced with the work to be done, the budget, and the service provider who will carry it out, the co-owners must be on the same level. The syndic is also responsible for the building site: he makes sure that the rules and the deadlines are respected. And finally, he verifies that the finished work conforms to the pre-established contract.
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