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How to change co-ownership trustees
In order to compare these services, you must first present yourself to the competition for certain shared contract projects. This call for competition must be made by the Union Council before the next general meeting of the co-owners which determines the appointment of the new trustees.
However, competition is not compulsory.
- If the co-ownership does not have a union council
- If the General Assembly of the previous year decides not to contest the draft fiduciary act by an absolute majority.
If the resolution receives at least one third of the votes, it may be submitted to a second vote by a simple majority in accordance with Article 24 (the majority of the votes of the co-owners present, expressed or voted in writing).
The Appointment Process
Co-owners may propose one or more draft contracts. To this end, he must ask the titular representative to include the examination of the draft contract on the agenda of the General Assembly and inform him. You must request an acknowledgment of receipt by registered mail before sending the notice to the General Assembly. This initiative does not replace the call for competition launched by the trade union council. The syndic must convene a general meeting before the end of his mission to appoint a new syndic. The draft Syndic Agreement will be attached to the agenda of this General Assembly. Congress must vote for each candidate by an absolute majority.
If no candidate passes the voting procedures
The vote is simply canceled if no one gets a majority or one of them gets at least 1/3 of the votes of complete co-owners.
After that, it is necessary to draw up the minutes (PV) of the preview (AG).
The new trustee has 1 month from the AGM to send the PV to the opposing or defaulting co-owners. They have 2 months to appeal to the court to have the decision annulled if an irregularity has been committed.
The former syndic must send documents to the new syndic within a certain period.
This call for competition must be made by the Trade Union Council .
However, competition is not mandatory.
- If the co-ownership does not have a union council
- If the General Meeting of the previous year decides not to contest the draft fiduciary act by an absolute majority.
If the resolution receives at least one third of the votes, it may be submitted to a second simple majority vote .
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Posted on 28/06/2022 by
Andy LECUYER