Short guide for union councils
In a co-ownership, the union council's mission is to act as a link between the co-owners and the trustee. While its role is fairly simple to state – assist, monitor, relay – it is, however, more difficult to exercise on a daily basis.
If you are a newly elected member of a union council, you will quickly notice: a disaster occurs and three quotes arrive, each one incomparable; a roof leak reappears despite costly interventions; unpaid charges accumulate and the budget suffers; the minutes of the general meeting (GM) do not always faithfully reflect the decisions. In these moments, you must know what to ask, from whom, in what forms and with what legal basis, without however replacing the trustee.
This short guide provides you with concrete benchmarks to help you carry out your mission calmly and effectively. It explains the role and composition of the board, the missions to be carried out, the powers and limits to be respected, as well as immediately applicable best practices.
The objective is to help you secure decisions, control costs and streamline life in the building.
The role and composition of the union council
The essential mission of the joint ownership council is to assist the trustee and to monitor his management . It also gives an opinion on any question concerning the joint ownership association. Its role is set out in Article 21 of the law of July 10, 1965, which establishes this framework, supplemented by the decree of March 17, 1967, which details in particular the methods of access to the documents and the control.
The members are appointed by the general meeting (GM) by a majority of all co-owners. The mandate cannot exceed 3 years , renewable .
Who can be elected? Co-owners or, under certain conditions, certain relatives (spouse, partner, etc.), excluding the trustee and his or her representatives.
chairman from among its members . The chairman coordinates the work, centralizes requests, prepares opinions, signs the council’s letters, and can formally notify the trustee to convene a general meeting. If the trustee fails to respond within 8 days, the chairman can convene the general meeting himself (procedure and documents to be attached).
The essential missions of the union council: assist, control, relay
Assist the trustee
The joint ownership council supports the trustee in the daily management of the co-ownership.
administrative side , he relaunches the trustee contract, suggests adjustments and ensures that competition is put out to tender when necessary. On the technical side , he monitors building visits, claims and the scheduling of works, while maintaining the course set by the multi-year works plan (PPT), i.e. the roadmap of interventions to be planned over several years. On the financial side finally, he compares the expenses with the budget and checks the schedule of calls for funds (sums requested from co-owners to finance charges and works).
Control management
Please note that monitoring does not mean “replacing.” The union council requests access to supporting documents (accounting, contracts, bank statements from the separate account), and you verify the consistency of the entries, the distribution of expenses, and the execution of contracts.
It is also relevant to the implementation of the decisions of the general meeting and the progress of the projects voted on. This control aims to secure the co-ownership and to make all service providers accountable.
A link between trustee and co-owners
The board of directors acts as a conduit between the trustee and the co-owners. It must explain decisions in clear language, distribute regular summaries, and communicate needs from the field. A proactive and educational board of directors can prevent tensions and thus facilitate votes at the general meeting.
Some concrete examples of the missions of a union council
- Preparing for a facade renovation
The union council notes that the facade has cracks and that the paint is peeling.
- He proposes that the AGM include the issue on the agenda.
- He prepares a consultation file (description of the need, photos, schedule, ten-year guarantee requirements).
- He organizes visits with three companies and draws up a comparative table of quotes.
- At the AGM, he presents this comparison to the co-owners, which facilitates informed voting.
- Audit of the trustee’s accounts
At the beginning of the year, the board requests the trustee to provide the separate accounting ledger and bank account statements.
- He checks that the cleaning expenses correspond to the contract and that the invoices comply with the services announced.
- It also controls the distribution of charges to ensure that they comply with the co-ownership regulations.
- In the event of an anomaly (invoice paid twice, service not performed), he alerts the trustee in writing and has the issue placed on the agenda of the AGM.
- Monitoring unpaid charges
The council asks the trustee for the list of debtor co-owners.
- He ensures that reminders are sent on time.
- He proposes to adopt at the AGM a resolution allowing for rapid procedures (formal notice, payment order).
- In some cases, he contacts the co-owner directly to find an amicable settlement, thus leading to more cumbersome and costly litigation.
- Acceptance of work on a new elevator
After the elevator has been modernized, the trustee summons the representatives of the joint council to the reception of the work.
- The council notes that certain elements are not working (faulty alarm, poorly balanced cabin).
- He issues written reservations and requests a precise timetable for lifting these reservations.
- It ensures that the market sale is only paid after the reserves have been completely lifted.
Powers and limits: what the board can and cannot do
His powers without a specific mandate
In principle, the joint ownership council assists and monitors. It can consult useful documents, request explanations, suggest improvements, seek the opinion of a technician (expert, architect) and have its justified expenses covered by the joint ownership association.
On the other hand, it does not decide in place of the AGM and its members do not receive any remuneration (only their expenses can be reimbursed).
Acts requiring delegation from the AG
Whenever decisions are made for the co-ownership, such as incurring an expense, signing a contract or choosing a service provider, a delegation of powers is required.
The AGM can then entrust the board with a specific mission (for example, finalizing a contract within a specific framework) or a general delegation limited to so-called “simple” decisions, for a fixed period, with a spending limit and a report to the next AGM. This delegation precisely frames the board’s action and avoids deviations or initiatives outside its scope of intervention.
Responsibility of board members
Board members may incur civil liability if they commit mismanagement (acting outside their mandate, signing without authorization, allowing a conflict of interest to persist). Criminal liability remains more exceptional but is not theoretical in the event of forgery, misappropriation, or damage to the integrity of a document.
Pitfalls to avoid
It is best to avoid ordering an expenditure without delegation, to bypass the trustee instead of formalizing requests in writing, or to work without evidence (dated reports, tracking tables, archived documents). These are simple reflexes that help preserve the union council and the co-ownership.
Best practices for an effective union council
Team and work organizer
Assign clear roles by topic – finance, work, communication – and set a realistic and sustainable meeting schedule for each member. Each meeting should have an agenda . structured (unpaid bills, contracts and claims, decisions to prepare for the AGM, etc.) helps you stay on track; a brief report, distributed quickly, keeps everyone informed and constitutes useful evidence in the event of a dispute.
Streamline the relationship with the trustee
Designate a single channel and a primary contact to avoid redundant and contradictory requests. Then agree on a schedule for exchanges and adopt a few simple indicators for these milestones: progress of approved work, default rate, number of claims closed. This will move you from a merely reactive relationship to a truly managed one.
Quarterly checklist: documents to request, priority checks
Each quarter, to carry out the board’s duties, request from the trustee the general ledger , the balance sheet and the bank statement of the separate account; check the status of unpaid debts and the actions taken; review current contracts (purchase orders, amendments, deadlines) and the status of claims (declarations, compensation, closures); finally, take stock of the PPT/DTG to anticipate the resolutions to be included in the AGM. With these regular and documented checks, you put all the chances on your side for the most effective possible control of the trustee .
When and why should you seek legal assistance?
Certain specific situations require union councils to seek expert advice:
- For the review and updating of the co-ownership regulations
- For the adoption of sensitive decisions : major works, delegations of powers, contractual choices; securing the agenda and majorities (art. 24/25/26 law 1965).
- In the event of a dispute with the trustee, a co-owner (disturbances, unpaid bills) or a service provider (defects, penalties).
Having a lawyer who is an expert in co-ownership law assists you in preventing risk , saving time and ensuring compliance with legal formalities for all amicable or contentious procedures.
an appointment now with Maître Jean-Marie de Poulpiquet , lawyer in law of the co-ownership, to analyze your situation and define an appropriate action plan.
Your most frequently asked questions
- Can the union council call a general meeting?
Yes, after formal notice to the trustee has been given no response for 8 days, the president can convene the meeting himself. However, be careful to follow the procedure (registered letter with acknowledgment of receipt, documents, deadlines). - Does he have access to all accounting documents?
Yes. He controls the management of the trustee: accounting, allocation of expenses, contracts, budget. Access to useful documents is provided for by Decree 1967, art. 26. - Can the members of the union council be paid?
No. These are voluntary functions; justified expenses are the responsibility of the union, in accordance with the 1967 decree, art. 27. - How does the delegation of powers given by the AG work?
The AGM may delegate decisions to the board on an ad hoc or general basis, for a maximum of 2 years, renewable, with a ceiling and exclusions (budget, accounts, adaptation of the regulations). - What to do in the event of a failure by the trustee?
Serve formal notice by registered letter with acknowledgment of receipt. Failing this, the president may convene the AGM; otherwise, refer the matter to the court for the appointment of a representative.