Essential players in condominiums, professional trustees often get bad press!

In 2018, the DGCCRF's fraud repression services notably pinpointed unfair terms and the lack of information in contracts in the sector, noting a rate of 46% of anomalies out of nearly 300 co-ownership trustees checked.

To reverse the trend, the State has therefore been working for several years to clean up practices and promote competition.

The new standardized information sheet, in force since January 1, 2022, goes in this direction.

A progressive framework

Freely choosing a syndic implies having several proposals to decide between, which was not always the case before 2014. The Alur law therefore imposed a systematic competition between syndics by the union council, so that the general assembly can make an informed decision on the designation of the company.

Initially planned each year, this comparison was then set every 3 years by the Macron law of 2015 to stick to the term of office of the trustees.

But since June 1, 2020, no more delay is required, the legislator being content to provide for a competition each time a new trustee is appointed.

To make an informed choice, it is still necessary to have reliable elements of comparison.

It is for this reason in particular that the Élan law of November 23, 2018 extended the powers of the union council.

If the latter so requests, the syndic must thus provide him within 1 month with all the supporting documents for the management and administration of the co-ownership.

Something to shed light on the feedback…


In order to facilitate comparison a little more, the Élan law also provided for the establishment of a detailed information sheet on the services and prices charged by trustees.

More than 3 years after its announcement, this measure finally came into force on January 1, 2022!

From now on, professionals in the sector have the obligation to attach this standardized document to any draft agreement with a co-ownership.

A relevant summary when you know that these contracts now have about twenty pages...

Investigate

If the legislation therefore works to give all the cards in hand to the co-ownerships in the choice of their trustee, it cannot do everything.

Indeed, it is up to the union council to carry out a thorough and meticulous investigation to find the most relevant property manager.

However, it is precisely made up of volunteer co-owners who are often unaware of the criteria on which to rely.

The good reputation of the company is then a first key element in decision-making.

The union council is notably entitled to request references from solicited firms, in order to be put in touch with previous co-ownerships.

The opinions left online are also essential, even if they must be taken with the necessary hindsight.

Of course, it is also necessary to check that the trustee is in the nails and has a professional card, a Kbis, a financial guarantee and a certificate of professional civil liability in good standing.


Also, make sure that the property manager is suitable for the size and type of management of your residence.

Not all of them necessarily offer the same terms and may be more or less suitable for small or large buildings.

Moreover, if geographical proximity is necessarily a plus to facilitate land management, do not make it your number one condition since the manager will only visit the condominium occasionally.

Our "Real Estate" file


Finally, according to Syndicalur, a broker specializing in competition between trustees,

“the average price of a trustee is €200 to €250 excluding VAT per lot in Île-de-France, a little less in the provinces”

.

So beware of much lower offers that can hide certain “rear margin” practices, consisting of using service providers who are billed at the condominium, while being remunerated by them.

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