10 Questions
What is the minimum penalty for a syndic who refuses to provide the requested documents?
15 €
What is the deadline for a co-owner to pay their charges and provisions?
30 days
What is the required majority to bring the regulations into conformity with the law of 1965?
Simple majority
What is the period of time that works voted during the general assembly must wait before starting?
2 months
How many mandates can a co-owner now receive?
Unlimited
What type of documents must the trade union council have access to?
All of the above
What is the role of the syndicate council?
To ensure the documents listed are respected
What must be done in order to make the provisions of the condominium by-laws opposable to all?
All of the above
What is the Elan law revoking the right to do?
All of the above
What is the power of the Syndicate Council that allows for easier daily management of condominiums?
To demand the obtaining of documents
Study Notes
- The Elan law introduces a number of measures to make the co-ownership process more accessible and transparent.
- Among the mandatory documents that co-owners and the union council must have access to are the co-ownership rules, the descriptive state of division, the various published acts that modify the co-ownership regime, the last summary sheet of the co-ownership, the building's maintenance booklet, technical diagnoses of the common parts of the building, the valid insurance contracts of the building subscribed in the name of the syndicate of co-owners, all current contracts and agreements concluded by the trustee, maintenance and upkeep contracts for common equipment, the minutes of the last three general meetings, as well as the work estimates approved at these meetings.
- The trade union council must also have access to the co-owners' individual accounts, the amount of charges closed and paid by the co-owner during the last two fiscal years, the share of the work fund attached to its own lot, the various notices of calls for funds received over the last three years, and the trustee's business card.
- If the syndic does not respect this list of established documents, it is the role of the trade-union council to ensure that this list is respected.
- A co-owner may now receive an unlimited number of mandates and is no longer limited to 3 mandates.
- The works (voted during the general assembly) must wait a period of 2 months before starting.
- The strengthening of the power of the Syndicate Council allows for easier daily management of condominiums.
- The syndicate council has the power to compel and can now demand the obtaining of documents relating to the co-ownership from the syndic of co-ownership.
- The syndic who refuses to provide the requested documents risks a minimum penalty of 15 € per day of delay.
- If a co-owner does not pay his charges and provisions on time, he will receive a formal notice with a 30-day payment deadline.
- If, in spite of this formal notice, he still does not pay his charges related to the provisions of the provisional budget, he will have to pay immediately the totality of the provisions of the coming quarters.
- The Elan law revokes the right to build, dig or raise a common area in co-ownership.
- If the condominium needs to update its RCP in order to take into account the evolution of the law on common parts, a general meeting must be called and the vote to bring the regulations into conformity must be taken by a simple majority in accordance with article 24 of the law of 1965.
- After the vote, the notary must publish the modifications made in order to make the provisions of the condominium by-laws opposable to all (to the current co-owners but also to future purchasers of the building). The cost of the notary will of course be divided among the co-owners, according to their share of the common portions.
Test your knowledge about the Elan law and its impact on the co-ownership process with this quiz. Explore the measures introduced, the mandatory documents required, changes in co-owners' rights, and the syndicate council's powers.
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