Would you like to change your Syndic? Discover our advice to help you in this process.
Step 1: Prepare for change at least 6 months in advance
It is at the meeting of the co-owners to appoint the syndic. It is therefore a priority to exchange with the co-owners of the building and to verify that they are convinced of your claims. If they agree, you cannot dismiss the current syndic without at the same time choosing a new one, at the risk of having to appeal to the Court to appoint a syndic.
Step 2: Look for a new syndic
When the co-ownership is endowed with a union council, the latter must propose to the co-owners several projects of new tsyndic before the assembly. This call for competition is provided for by law. It is therefore necessary to prospect and to launch a call for tenders in order to find the ideal syndic: compare the contracts of syndic (link to : SYNDIC MANDATE) of at least three companies, play word of mouth, etc.
A co-owner also has the right to send his candidacy.
Step 3: Play the competition
Proposals for the services of syndic put in competition must reach the union council well before the general assembly so that it has time to study them. With this in mind it is strongly recommended that the building should be visited by syndic candidates so that they are aware of its condition and the work to be performed. Following their visit, they will forward their contract proposal to the union council. To effectively compete, it is necessary to examine the services included in the package for day-to-day management and to dissect the list of particular services and their method of invoicing.
Step 4: Putting the request on the agenda of the General Assembly
Prior to the convening of such meeting, it is therefore appropriate to send the syndic a request for the placing on the agenda (link to: model letter) for the change of syndic by registered mail with acknowledgment of receipt. It is in principle the union council that takes care of this mailing at least 15 days before the date scheduled for the general assembly. When the general meeting deliberates to designate a new syndic, whose appointment takes place before the end of the term of the current syndic, this decision is tantamount to revocation of the syndic from the taking of office of the new one.
Step 5: Get the majority on the day of the meeting
It is important that the co-owners favorable to the change of syndic are present in large numbers. The vote of the assembly must obtain an absolute majority of all the co-owners (Article 664-35 governing co-ownerships). That is to say more than 50% of the votes of all the co-owners of the building. If the majority is not reached, a second meeting shall be held and the decision shall be taken by a majority of those present and represented (Article 664-36 of the law).
Step 6: Accompany the setting up of the new syndic
Within one month after the end of his term of office, the former syndic shall deliver all the documents of the co-ownership to the new one: archives, statement of cash, funds available. It encloses a summary slip of the parts provided. The union council is also the addressee, which enables it to verify that there is no oversight. That is to say: if a file is missing, after a formal notice, the new syndic or the chairman of the union council may appeal to the Court.