What is the role of the managing agent when work is being carried out?

When you live in a condominium, you share responsibility for managing a builduing or an house on a housing estate with other owners. As a result, there may be renovation needs, involving work such as repairs or simply maintenance. Co-owners can therefore call on the services of a syndic, who can implement and coordinate the various works.

In this article, Logic-Service explains the role of the syndic when it comes to works in a co-ownership.

Steps to take

Before starting any work, the syndic must inform the co-owners and convene a general meeting, regardless of the cost or time involved. If the meeting is not convened, or is convened late, the co-owners have the right to dispute the charges. Co-owners cannot be ordered to pay their share of the cost of work carried out as a matter of urgency if the syndic has not subsequently called a general meeting.

The general meeting then examines the dossier and has the right to amend the measures taken by the syndic, or may even contest the initiative to carry out the work. If the failure to convene the meeting constitutes a fault on the part of the syndic, the co-ownership must prove that this has caused damage and that the work was not essential in order to be entitled to damages.

Carrying out the work

First of all, in order to start work, the syndic needs prior authorisation from the general meeting of co-owners. He may dispense with this authorisation and start work on his own initiative if the work is required as a matter of urgency. Article 18 of the law of 10 July 1965 does not specify what constitutes an emergency, so it is left to the discretion of the syndic and the courts in the event of a dispute.

As a general rule, urgency concerns maintaining the safety of people and property, i.e. work that affects the health and solidity of buildings. In previous cases, the courts have deemed this to be the case for: waterproofing work on the roof, unblocking or repairing a sewer, repairing water pipes or work related to a serious heating shortage.

Preparing the work

It's the building manager who has to prepare the work. This includes drawing up the specifications, finding tradesmen and companies to carry out the work and obtaining quotes. The syndic is also responsible for ensuring that everything complies with the rules and decisions taken at the general meeting.

As mentioned above, the syndic is the link between the co-owners and the contractors carrying out the work. He must therefore keep residents regularly informed of the progress of the work, deadlines and any unforeseen circumstances.

Making sure the work goes smoothly

The syndic also supervises the financial side of the work, collecting the necessary funds from the co-owners, paying the invoices of the service providers and ensuring that the budget is respected.

The syndic is responsible for coordinating the work, ensuring that deadlines are met and that the work is carried out properly. The syndic is also responsible for resolving any problems or disputes that may arise during the works. At the end of the works, the syndic checks that the work is in order in the presence of the co-owners or their representatives.

Risks for the syndic

If the syndic dispenses with the agreement of the co-owners to undertake repairs that are neither urgent nor essential, the syndic would be overstepping the limits of his mandate, thereby incurring civil liability, and the syndic would be liable to repay the cost of the work.

On the other hand, if he fails to recognise the urgency of the work and does not take action, or if he delays taking action, preferring to wait for a decision by the general meeting, he is liable. And if, in the meantime, damage is caused by the defective state of the communal areas, he must reimburse the costs incurred.

However, the syndic must be able to act: if the general meeting of co-owners has voted to postpone the work due to a lack of funds to finance it, or if it has refused to carry it out, the syndic cannot be held liable.

In short, the syndic manages all aspects of the work being carried out on the co-ownership. He or she ensures that the work is carried out smoothly and protects the co-owners: the syndic can also provide legal advice.

However, the rules and responsibilities of the syndic may vary depending on the legislation in force and the decisions taken at the general meeting. Don't hesitate to ask for the co-ownership's articles of association and, if necessary, to consult a property professional. If you still have questions, our experts are here to help.

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You can also find out more about Port Grimaud in our article on building work.
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