Dismiss the syndic: voting it at the GM, handling compensation and resignation

Trust has broken down, and the general meeting (GM) wants to dismiss the syndic without waiting for his mandate to end. Or the reverse: the property manager (syndic) announces that he is stopping. Either way, three questions come up quickly. Is a reason needed? Does anyone have to pay? And who runs the building in the meantime?

A syndic's mandate can end in three ways before its natural term: the general meeting dismisses the syndic, the syndic resigns, or the court steps in because management has ground to a halt. The three situations follow different rules, and most mistakes come from confusing them.

Dismissal of the syndic is the most closely regulated by the Civil Code. Resignation is not set out in detail there. As for the temporary syndicGlossarySyndic appointed by the court when the syndic in office is prevented from acting or fails to act, to manage the co-ownership for a limited period. See the glossary, he may be added by the meeting or appointed by the court. If your aim is simply to replace your syndic when his mandate expires, changing your syndic sets out the timetable and the handover.

Dismissing the syndic requires no reason

The text is short and unambiguous: the general meeting may always dismiss the syndic (Art. 3.89, § 7). This is known as dismissal ad nutum, meaning without having to justify the decision.

No qualified majority is set for this decision. The general rule applies: an absolute majority of the votes of the co-owners present or represented at the time of the vote (Art. 3.87). If the syndic is also a co-owner, there is a limit: a person mandated by the owners' association (VME/ACP) may not take part in the deliberations and votes on the assignment entrusted to him (Art. 3.87).

Three nuances matter.

• A syndic appointed by judgment is beyond the meeting's reach: only the court may dismiss a syndic appointed by judgment.
• Rather than dismissing, the meeting can appoint a temporary syndic alongside the syndic for a set period or a set purpose, for example to take over a poorly handled works file.
• The mandate of a syndic named in the house rules (ROI) ends automatically at the first general meeting (Art. 3.89, § 1). No dismissal is needed.

Does the dismissed syndic have to be compensated?

It all depends on the timing and on the contract.

At the end of the mandate, the answer is clear. The mandate may not exceed three years, and the mere fact of not renewing it cannot give rise to compensation (Art. 3.89, § 1). Our reading: if the end date is a few months away, waiting is often the least risky option.

During the mandate, the picture is more nuanced. The FPS Justice brochure states that dismissal takes effect immediately but may lead to damages being paid to the syndic in the case of wrongful dismissal. The notaries' brochure adds that dismissal takes place with or without compensation, depending on what the contract provides.

In practice, before calling the meeting:

1. reread the clauses on termination, notice and compensation;
2. work out the possible cost against the remaining length of the mandate;
3. document the failures, even though the law asks for no reason: a factual file is the best answer to an accusation of abuse;
4. avoid hurtful or unproven wording in the agenda and the minutes.

Compensation clauses are negotiated when the contract is signed. See syndic contract.

How does the dismissal procedure work?

Dismissal is a decision of the general meeting. A letter from the co-ownership council or from a group of co-owners is not enough.

The item must first get onto the agenda. For the ordinary meeting, the syndic includes the written proposals received at least three weeks before the first day of the meeting's annual period (Art. 3.87). To avoid waiting, co-owners holding at least one fifth of the sharesGlossaryTerm used by the Civil Code for the fraction of the common parts attached to each unit, also called quotités. It is set in the deed of division according to the respective value of the private parts and determines each co-owner's number of votes at the general meeting. See the glossary can request a meeting by registered post. The syndic must call it within thirty days of receiving the request. If he does not, one of the co-signatories can call the meeting himself (Art. 3.87, § 2).

The notice is sent at least fifteen days before the meeting date, except in urgent cases, by registered post or by another means of communication that the recipient has accepted individually and in writing (Art. 3.87). Attach the draft contract of the successor.

At the meeting, vote on separate items: the dismissal, its effective date, the appointment of the new syndic and the approval of his contract. The dismissed syndic must then hand over the entire management file, accounts and assets included, within thirty days of the end of his mandate (Art. 3.89, § 5, 7°). The practical steps are described in changing your syndic.

Can the syndic resign, and with what notice?

Yes, a syndic can bring his assignment to an end. Book 3 of the Civil Code does not set out resignation in detail: the general rules on agency and the contract apply. If the contract provides for a notice period, it must be respected.

The FPS Justice brochure adds an important point: a syndic who resigns must keep carrying out his duties until the general meeting has replaced him. A resignation therefore does not allow him to abandon the building overnight, with invoices pending and an insurance policy about to expire.

For the co-owners, a resignation calls for three reflexes:

• ask the resigning syndic to call a general meeting without delay to appoint his successor;
• if he does not, use the request by one fifth of the shares, which the notaries' brochure mentions specifically for this case;
• from the end of the mandate, demand that the file be handed over within thirty days.

A volunteer syndic who wishes to stop has every interest in announcing his decision early, ideally for the next ordinary meeting. That leaves time to find a volunteer co-owner or to consult professionals. See volunteer syndic.

When does the court appoint a temporary syndic?

When management is blocked and the meeting cannot solve the problem itself, the court can step in:

“Where the syndic is unable to act or fails to act, the court may, at the request of a co-owner, appoint a temporary syndic for the period it determines. The syndic must be summoned to the proceedings by the applicant.”

Art. 3.89, § 8, Civil Code

Inability refers to being unable to perform the role, such as a long-term illness, the example given by the FPS Justice. Failure refers to a syndic who no longer carries out his duties: unpaid invoices, a meeting never called, a claim file left untouched. The syndic in office is a party to the proceedings, which allows him to explain himself.

The competent court is the justice of the peaceGlossaryJudge with jurisdiction, since 1 January 2019, over all disputes relating to the co-ownership of buildings, whatever the amount claimed. A clause in the articles that would refer such disputes to an arbitrator is deemed unwritten. See the glossary, who hears disputes concerning the administration of jointly owned property, with no ceiling on the amount. The same applies when no syndic has been appointed: the court may then appoint one at the request of any co-owner or any third party with an interest (Art. 3.89, § 1). How to bring the case and prepare the file is described in justice of the peace and disputes.

A temporary syndic is not a sanction in itself. If faults have caused damage to the association, the matter falls under syndic liability. To place these rules within the role as a whole, see the section the syndic.