Co-ownership Syndic: Legal Obligations and Fees 2026

The property manager is not the decision-maker of the co-ownership. He is its agent: he carries out the decisions taken by the general meeting, administers the building and represents the union of co-owners. This status of agent governs everything else — the extent of his powers, the structure of his remuneration, and the regime of his liability. Most disputes arise from confusion on this point: blaming the property manager for a decision he did not take, or letting him take a decision that was not his to take.

Three distinct duties

Administrative management. Convening the general meeting at least once a year, keeping the minutes, notifying decisions, maintaining the up-to-date list of co-owners and the building's maintenance logbook. The property manager must also register the co-ownership in the national register and keep the data updated.

Financial management. Opening a separate bank account in the name of the union — a mandatory rule in principle, which can only be departed from by an express decision of the general meeting and in limited cases. He calls for provisions, keeps the accounts according to a specific chart of accounts, and presents the accounts for approval by the general meeting. For a co-owner who lets out his unit, only part of these charges can be re-billed to the tenant, according to the exhaustive list detailed in our article on recoverable charges. He must also set up the works fund, contributions to which are mandatory once the building exceeds a certain age.

Technical management. Ensuring the upkeep of the building, having the works approved by vote carried out, and taking protective measures in case of emergency. This last power is the only one that allows him to commit unapproved spending, and it is interpreted strictly: the emergency must involve a risk to the safety or preservation of the building, not a mere opportunity.

Remuneration: flat fee and additional services

This is the most common source of dispute, and the rule is structured by a standard regulatory contract.

The property manager's fees are based on an annual flat fee covering all routine management services. This flat fee is exhaustive: everything falling within routine management is included in it, and cannot be billed separately.

Alongside this, an exhaustive list of additional services may give rise to supplementary remuneration — organising an extra general meeting, following up major works, debt-recovery procedures, issuing certain documents at the time of a sale.

The key point to watch is this: a service that does not appear on this list necessarily falls under the flat fee. A property manager who charges for ordinary reminder letters, photocopies or bookkeeping is overstepping the mark. Comparing two contracts should therefore be done on the flat fee and on the schedule of additional services, never on the flat fee alone.

Recovery costs incurred against a defaulting co-owner are chargeable to that co-owner alone, and are not spread across all co-owners.

The mandate: term, appointment, removal

The property manager is appointed by the general meeting, for a term fixed by the contract, within a limit of three years — one year where it concerns the property manager appointed by the co-ownership regulations or by the first buyer.

His appointment is not tacitly renewed: it requires a vote. A competitive tendering process must be organised before each renewal, though the syndic council may be exempted from this by a decision of the general meeting.

Removal is possible at any time by the general meeting, but it requires a legitimate reason: removing him without cause exposes the union to damages for wrongful termination. The matter is placed on the agenda and voted on like any ordinary decision.

The property manager's liability

The property manager is liable to the union for his management failings. The most frequently identified breaches are as follows:

• Failure to convene the annual general meeting, which paralyses the co-ownership.
• Failure to recover unpaid charges, where the claim may become time-barred for lack of action.
• Failure to carry out works approved by vote, or carrying them out without authorisation.
• Negligence in taking out mandatory insurance.
• Failure to comply with the separate bank account requirement.

He is not, however, liable for decisions taken by the general meeting, even where he advised against their adoption, nor for the approval of an insufficient budget.

His liability requires fault, damage and a causal link. The claim is time-barred under the ordinary rules, with the nuances regarding the starting point set out in our article on the limitation of debts.

The role of the syndic council

The syndic council assists the property manager and oversees his management. It gives its opinion on matters referred to it, and its opinion is mandatory above a certain value of contract or tender.

It has a right to access documents: it may examine any document relating to the management and administration of the building. This right is the main lever of control during the term of office, far more effective than challenging the accounts after the fact.

Use-case scenarios

Changing property manager. Check the expiry date of the mandate, put it out to competitive tender, and place the appointment on the agenda. The handover of archives and funds to the successor is subject to precise deadlines, non-compliance with which makes the outgoing property manager liable.

Disputing fees. Compare the invoice against the standard contract: does the disputed service appear on the exhaustive list of additional services? If not, it falls under the flat fee and is not owed.

Urgent works. The property manager may take the necessary protective measures, provided he informs the co-owners and convenes the general meeting. Expenditure presented as urgent after the fact, without any proven risk, does not fall within this framework.

Landlord co-owner. The property manager's calls for funds and the charge adjustment with the tenant follow two separate schedules, and the second depends on the first — the annual closing of the building's accounts determines the rental adjustment. This sequencing is described in our guide to rental management.

Frequently asked questions

Can the property manager decide on works alone? No, except for urgent protective measures necessary to safeguard the building. Any other expenditure requires a vote of the general meeting.

Is the separate bank account mandatory? Yes, in principle, in the name of the union. Exceptions are limited and require an express decision of the general meeting.

Can a property manager charge reminder fees? No, if they fall within routine management covered by the flat fee. Only services appearing on the exhaustive list of the standard contract can give rise to supplementary remuneration, and recovery costs are chargeable to the defaulting co-owner alone.

How is a property manager removed? By a vote of the general meeting, with the matter placed on the agenda. Removal requires a legitimate reason, failing which the union is exposed to damages.

Does the mandate renew automatically? No. Each renewal requires a vote, preceded by competitive tendering unless the general meeting votes to waive it.

What is the property manager liable for? For his management failings: failure to convene meetings, failure to recover charges, failure to carry out works approved by vote, failure to take out insurance. He is not liable for decisions taken by the general meeting.

Key takeaways

The property manager executes, the general meeting decides. This division settles most disputes: whatever has not been voted on does not fall within his remit, and whatever has been voted on falls within his responsibility to carry out.

On fees, the reading grid is just as simple. The flat fee covers routine management exhaustively; only services listed on the exhaustive list of the standard contract can be added to it. Comparing two property managers on their annual flat fee alone regularly leads to choosing the more expensive one.