FAQ

FAQ

Our advisors have come together to answer online the most frequently asked questions regarding the essential elements of life in a co-ownership.

They will of course remain at your disposal for any questions not included in this list from Monday to Friday from 9h to 17h. on +230 432 1515.

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Fill out the form or contact us on +230 432 1515 from Monday to Friday from 9h to 17h and we will discuss the procedure together.

If the trustee of my co-ownership no longer satisfies a majority of co-owners, it is possible to change him. I must send the trustee in office a letter by registered letter with acknowledgment of receipt that I ask him to include on the agenda of the next General Meeting.

I must attach to my letter the proposal(s) that I wish to see on the agenda of this next meeting. I must first ensure that these proposals clearly state the essential conditions for the validity of a contract (price, duration, etc.) and, above all, that the term of office of the trustee in office is coming to an end.

Its role is governed by the Civil Code.

The professional condominium trustee is a player in the life of the building since his mission is to legally represent the condominium union. In particular, he must:

  • ensure the administration and conservation of the building and carry out work necessary to safeguard it if necessary;
  • ensure compliance with the provisions of the co-ownership regulations;
  • produce a so-called forecast budget, an individual breakdown of charges for each co-owner;

The term of office of the condominium trustee may not exceed three years. This is the maximum term. Of course, the General Meeting may set a shorter (but not longer) period.

In addition, the mandate of a trustee may be renewed at each expiration of his mandate, by a vote at the General Meeting.

The term of office of the "provisional" trustees (appointed when the co-ownership is formed) is determined in their deed of appointment (without being able to exceed three years), knowing that they must have their mandate validated within one year of the creation of the co-ownership by a General Meeting.

 

The condominium association is the group of co-owners of a building or a property. When a condominium has several buildings, secondary associations can supplement the main association.

To ensure the conservation and administration of the building, his mission is in particular to decide:

  • of a forecast annual budget;
  • work to be done in the building (and possibly taking out a collective bank loan to finance it);
  • of the renewal or not of the professional trustee responsible for representing him;
  • to make changes to the condominium regulations if necessary;
  • deeds of sale or purchase for the co-ownership.

In terms of liability, the condominium association is liable before the Mauritian Court for damage caused as a result of a construction defect or lack of maintenance with regard to the co-owners, its employees (caretaker, concierge, cleaning lady, etc.) and third parties (tenants).

It should be noted that he can act on behalf of the co-ownership in court against a defaulting co-owner (who does not pay his charges) or a third party (supplier, service provider, service company, etc.)

In case of emergency, the trustee may take the initiative to have the necessary work carried out.

Work is urgent when it is necessary to safeguard the building, for example when it is necessary to repair a collective pipe that suddenly bursts or an air conditioning part in the middle of summer, or to shore up a wall that is threatening to collapse, or to undertake the repair of a roof that is causing significant leaks inside the building...

Please note: if this is necessary for the opening of the site, the trustee may request a provision from the co-owners before having been able to obtain their agreement, but after having obtained that of the Joint Owners' Council.

However, even in this particular case the trustee may undertake work without having first obtained the agreement of the General Meeting; he must inform the co-owners by mail or by posting.

He must then immediately call a meeting to approve the work carried out retrospectively.

In this case, exceptionally, the trustee may submit the various quotes to the co-owners only on the day of the meeting.

Indeed, the trustee can be dismissed at any time during his mandate, if he has committed serious faults (serious and legitimate reason).

On the other hand, since the law does not define any serious and legitimate reason, it is up to the judge, in the event of a dispute, to determine the seriousness and legitimacy of the reason which led to the revocation.

This decision to revoke the trustee must be taken at the General Meeting. To do this, the question of this revocation must first be included on the agenda of the next meeting by the trustee and by registered letter.

If the trustee refuses this inclusion on the agenda, it is the joint council which will have to proceed with the convening of a General Meeting.

Please note that before proceeding with the revocation of your trustee, it is better to have done what is necessary beforehand to provide for his replacement and to be able to provide quotes from several other trustees.

Usually, it is the trustee who is responsible for the convocation. But in certain circumstances, the Syndicate Council or even a co-owner can take care of it. In any case, the convocation must be done according to certain rules.

The trustee summons the co-owners to a General Meeting at least once a year. Apart from this mandatory meeting, the trustee may summon the co-owners whenever he deems it useful for the proper administration of the building.

The summons to the General Meeting of co-owners must be notified in writing to the last domicile of the co-owners, either by registered letter with acknowledgement of receipt or by hand delivery against receipt or signature.

The deadline is set at 15 days before the General Meeting is held.

If the summons is sent by post, the starting point of this period is the day after the day of the first presentation of the registered letter at the co-owner's home or the day after the day of receipt by fax by the recipient.

My trustee may, in certain cases provided for in his mandate, charge specific fees to one or more co-owners. 

These are mainly litigation costs (reminders) and costs related to transfers.

 

My trustee has no police powers. He cannot therefore force a co-owner or an occupant to stop making noise, not to park his vehicle outside the designated spaces, not to clutter the common areas, etc.

My trustee cannot take legal action without a mandate from the General Meeting, with the exception of that required in the context of a procedure for the recovery of charges. (The action to proceed with the auction of the property of the debtor co-owner remains, however, the prerogative of the General Meeting).

There is no obligation to have a Syndicate Council in each co-ownership. However, in the majority of cases “A Syndicate Council assists the trustee and monitors his management…” 

The General Assembly may decide, by vote, not to establish a Syndicate Council. A new assembly may decide to reverse this vote by a simple majority and establish a Syndicate Council.

 Contrary to popular belief, it is not only co-owners who can be elected to the Joint Owners' Council.

The following may be appointed to the Joint Council:

Co-owners, partners in a civil company owning lot(s), buyers or future purchasers, as well as their spouses, partners linked to them by a civil solidarity pact, their legal representatives, their usufructuaries. 

If the co-owner who has become a member of the Joint Owners' Council is a legal entity, then he is represented there by the legal representative of this legal entity or a special agent.

The trustee, his spouse, the partner linked to him by a civil solidarity pact, his ascendants or descendants, even if they are co-owners, associates or future purchasers, cannot be members of the Syndicate Council. The same applies to the trustee's employees!

The members of the Union Council are appointed for a maximum period of three years.

In practice, it is recommended, if the number of union advisors allows it, to renew the Union Council in part every year (for example: one half the first year, the other the second half). This ensures continuity in the work of the Union Council, while renewing its members.

No text imposes a minimum number of members who must make up the Joint Council, and the Civil Code (of co-ownership) does not provide anything on the operating rules of the Joint Council. 

In the absence of any specific provision in the regulations, it will be appropriate during the meeting which will elect the members of the Joint Council to establish the rules for the operation and organization of the Joint Council and in particular the conditions for deliberations.

Although in practice it is simpler, especially for decision-making issues, to have at least three members on the Joint Council, or even always an odd number, legally no law or case law requires this.

His opinion is important (mandatory in France):

– For the conclusion of contracts or markets exceeding a certain threshold set by the General Meeting. The trustee must notify the opinion given by the joint ownership council with the notice to the General Meeting;

– When the trustee must carry out urgent work and make a call for funds.

 The Joint Council monitors the trustee

The law allows the Syndicate Council, after having made a request to the trustee, to have a copy of all documents, correspondence or registers relating to the management of the trustee and the administration of the co-ownership. It receives, upon request, communication of any document of interest to the syndicate.

The Union Council may receive a delegation from the General Assembly.

The General Meeting may grant a delegation of authority for an expressly determined decision. It may authorize its beneficiary to decide on certain expenses up to an amount for which the delegation sets the maximum. It may not, under any circumstances, deprive the meeting of its power of control over the administration of the building and the management of the trustee. The meeting shall be informed of the execution of the delegation.

 

Since the Joint Council does not have legal personality, it cannot be subject to liability proceedings in the event of a fault. On the other hand, its members are liable, individually or jointly.

Given the voluntary nature of the exercise of the missions, the responsibility of the union advisers is rarely called into question in the context of proceedings before the courts, even when poor choices have clearly caused the co-ownership to lose money.

It should not be forgotten that the Joint Council does not have a duty to advise or provide information in the legal sense of the term and such as it can weigh on a professional: it only has a consultative role. In fact, the liability of the joint councillors can be incurred when they have acted in seeking their personal interests rather than those of the co-ownership. 

The Joint Council does not really need to take out civil liability insurance to carry out its duties. Given what has been said above, it is clear that the cases which engage the liability of the Joint Council are clearly few in number.

 It is really worth studying very closely, beyond the subscription cost, the scope of the guarantees offered by this type of insurance.

 In fact, if we are looking for a real responsibility of the union advisor, it is above all that of a real and sustained commitment. It is to participate not only in the meetings of the Union Council but also to invest in a commission, a specific responsibility. It is not a question of doing everything, of being everywhere, but of doing well where one is.

The members of the Union Council are volunteers. However, they may request reimbursement from the General Assembly for expenses they may have incurred in the course of their mission.

Each year, the trustee is required to submit the accounts of the co-ownership for approval by the General Meeting, with the dual objective for the agent of obtaining ratification of its financial management, as well as of conferring a definitive character on the accounts themselves.

The annual re-edition of the accounts, as submitted for approval by the meeting, has the main objective of obtaining approval of the financial and accounting management of the trustee during the past year.

The approval of the accounts particularly concerns the contracts and markets entered into by the trustee on behalf of the condominium association, and their financial implications for the building.

It is very important to remember that case law has established the principle that the approval of the accounts as voted by the General Meeting does not concern the accounting position of each co-owner.

A co-owner therefore has the option of requesting the correction of errors that he may have noted in the distribution of charges affecting his individual account, which naturally presupposes for him the demonstration of the existence of the errors invoked.

The fixed charges distribution statement the share incumbent on each lot in each of the charge categories. Failing that, it indicates the bases according to which the distribution is made for one or more categories. A charge category is characterized by the nature of the equipment or service generating the expenses inserted and a distribution key (table). A category (heating for example) includes headings: fuel, maintenance costs for example. 

The trustee can only use the distribution keys appearing in the charge distribution statement.

There are individual charges:

Or the individualization of common expenses by a counting system.

This is the option open to the union under Article 10-1 of the law to charge the sole owner concerned with an expense incurred in its interest or made necessary by a fault on its part.

 There are general charges:

Those relating to the conservation, maintenance and administration of the building (the general common areas). They are distributed proportionally to the ownership shares of the general common areas attached to each of the lots (general shares).

The general shares (and special shares if there are parts common to only some of the co-owners) appear in the descriptive statement of division.

There are special charges:

 Those relating to the operation and maintenance of each of the common equipment elements and those incurred by each collective service. They are distributed according to the usefulness that these services and elements present with regard to each lot. An elevator is a common equipment.

Utility is the potential benefit provided to an ideal owner of the lot concerned by usable equipment. The contributory share is fixed as a flat rate based on an estimated utility coefficient: “lot 18” pays 35/1000ths of the elevator costs, regardless of its actual use. “Lot 9” on the ground floor does not contribute: the elevator provides no potential benefit.

"Charges are expenses that are definitively the responsibility of the co-owners, each for their share". The approval of the accounts by the General Meeting thus converts expenses into charges and makes the balances owed by the co-owners or which are owed to them payable.

Approval of the accounts entails ratification of the trustee's financial management and prohibits any subsequent revision of the approved co-ownership expenses, except "in the event of error, omission or inaccurate presentation".

"The approval of the union's accounts by the General Meeting does not constitute approval of the individual account of each co-owner." This solution is subject to controversy.

The final balances "revealed" by the approval of the accounts are credited or debited to the accounts of the co-owners. Credit balances are deducted. Debit balances are added to them.

The forecast budget is an essential tool for the proper management of the co-ownership which allows the General Meeting (and beyond that, the co-ownership syndicate itself) to set limits. Indeed, the trustee must do everything possible to respect the budget voted by the General Meeting and to control the co-ownership's expenses.

The forecast budget is prepared every year by the trustee in collaboration with the members of the Joint Owners' Council and is voted on by the General Meeting within six months following the last day of the previous financial year. It brings together all the operating, maintenance and current administration expenses of the common areas and common equipment of the co-ownership for the coming financial year.

It must be precise and detail all the amounts planned item by item. This is all the more imperative since the trustee will base the calculation of quarterly calls for funds on this forecast budget. And it is the payment of these provisions that will allow the trustee to be able to settle, as and when, the expenses of the co-ownership. It is therefore imperative for the trustee to have the necessary funds.

At each General Meeting, a vote is taken on the regularization of the current budget and that of the following financial year. These votes allow, during the period between the end of the financial year and the holding of the General Meeting, to have a budget approved by the General Meeting to determine the amount of calls for funds.

Voting for work in a co-owned building is subject to very strict formalities. The required majorities vary depending on the type of work envisaged.

Simple majority

Maintenance work : maintenance work is decided by the General Meeting of co-owners by a majority vote of those present or represented.

These are mainly current maintenance costs, routine replacement of used equipment, renovations required by the condition of the facades, etc.

Disabled access : this involves work making the building more accessible to people with reduced mobility.

These works must not affect the structure of the building itself. 

Absolute majority

The following works are decided by a majority of votes of all co-owners, present or not. In the absence of an absolute majority, a second meeting or a second vote during the same General Meeting may decide by a simple majority.

Mandatory work : this involves work on common areas made mandatory due to the application of legal or regulatory standards.

Examples: renovations required by the administration, connection to the sewer, upgrading the elevator, etc.

Financing by a co-owner : an absolute majority is required to authorize a co-owner to carry out work at his own expense affecting the common areas or the exterior appearance of the building.

Energy savings : this concerns work that cannot be considered current expenditure without being amortizable over more than ten years.

Examples : thermal insulation work, changing the heating system to a more economical fuel, etc.

 

Double majority

The following works are decided by a majority of all co-owners, present or not, representing at least two-thirds of the votes of all co-owners, present or not.

(If a vote results in a majority of co-owners, present or not, representing at least two-thirds of the votes of those present or represented, a second meeting may validly decide by this same majority.)

 Improvement, addition or transformation work: this involves work that brings about an improvement without changing the purpose of the building.

Examples: transformation of existing equipment or addition of new equipment, development or creation of new common areas, security installations, etc.

In principle, replacing used equipment does not constitute an improvement.

 

Unanimity

Addition or elevation work which results in the creation of new private lots must be decided unanimously by all co-owners.

The trustee assumes an additional workload during the work voted on by the General Meeting: launching calls for tender, reviewing quotes, concluding contracts, site meetings, etc. Trustees can provide for this remuneration in advance in the trustee contract, as special fees, or have specific fees voted on for work at the General Meeting, at the same time as the work.

 

Work concerned – Generally speaking, this concerns work not included in the forecast budget which may be subject to payment: for example, major work concerning the roof, resurfacing, improvements.

 

Routine work (minor repairs, maintenance work) is not subject to additional remuneration for the trustee, for example in the form of a percentage provided for in the trustee contract: they are imperatively part of the routine management services remunerated by the routine management package.

 

Amount of fees – The amount of specific fees for the work is freely determined between the co-ownership and the trustee, in the form of a vote at the same General Meeting as the work concerned. It may be, for example, a lump sum or a percentage of the amount of the work excluding tax.

Any condominium association that undertakes work covered by the legal ten-year guarantee (construction or renovation work affecting the structure of the building, the roof or the load-bearing walls and, in general, the "shell and cover") must take out, before the start of the work, insurance for damage to the work, known as "damage-work".

This policy is intended to pre-finance, without seeking liability, the restoration work in the event of construction damage occurring during the ten years following the acceptance of the work, thus facilitating the compensation of the project owners. The building damage insurer is then responsible for claiming financial support from the insurers of the builders concerned. It is therefore complementary to the ten-year liability insurance of companies.

The intervention of an architect to assist the co-owners in the context of major works is not in principle obligatory. It is nevertheless recommended for several reasons. His intervention offers important guarantees both when choosing the company and during the execution of the work. Before prospecting the competent companies to carry out the work, the intervention of an architect can be useful, in particular to facilitate the vote of the co-owners. The architect will be able to establish specifications and specify the requirements governing the execution of the work (materials, condition of the joints, waterproofing, etc.). During the execution of the work, it is also possible to call upon the architect so that he can take charge of their management. His role will be to supervise their smooth running, in particular by ensuring that the estimate is properly executed.

In general, all work voted on at the General Meeting is immediately enforceable by the trustee. However, no deadline for resolving the work is set by law. It is therefore up to the trustee and the General Meeting to set one.

 

The General Meeting may specify in its deliberation a deadline for the execution of the works that the trustee must respect. If this is not the case, a two-month suspension period is automatically applied during which the resolutions can be contested. This period is applied as a security measure in the event of a dispute, during which the works are suspended, which avoids the trustee having to put everything back in order in the event of cancellation.

 

Expenditure on works which are of an “exceptional” nature (because they are not regular) is voted on separately from the forecast budget by the General Meeting, which determines the terms of payment of the sums relating to this expenditure.

Only the General Meeting has the authority to set the due dates for the sums claimed from the co-owners, by reference either to the timetable or to the progress of the work.

 

In practice, my trustee does not have the right to advance funds to the co-ownership, so it is more prudent before committing the co-ownership, to be able to pay all of the company's situations.

A co-owner who carries out work in the common areas or modifies the exterior appearance of the building must first obtain the agreement of the General Meeting. This is the case, for example, for breaking through a load-bearing wall in order to connect two apartments, running pipes, creating or enlarging a window, etc. 

Work affecting the common areas or the exterior appearance of the building must be authorized by the General Meeting of co-owners.

If a co-owner carries out work without authorization, the co-owners' union can refer the matter to court.

The person concerned may be ordered to stop the work (if it is in progress) and restore the premises to their original condition, even if the damage to the common areas is minor.

The co-ownership does not have to prove any damage. The court can also be seized by a co-owner alone, without having to justify personal damage, by requesting only that the co-ownership regulations be respected or that the damage to the common areas cease.

First of all, it is imperative that I contact the trustee of the building in which I have just made my purchase in order to update my contact details. In fact, the notary transmits to my trustee via the notification of sale, the name and address that I provided to him at the time of the compromise.

It is a good idea to introduce yourself to your neighbors or to the building's caretaker if there is one.

Do not hesitate to ask the trustee about the existence of internal regulations. 

Ask my trustee about the procedure to follow to have my name put on the doorbell plates and the mailbox. Be careful, it is better to avoid, except temporarily, labels stuck on the old name.

Whether you are a co-owner occupying or non-occupying, the multi-risk home insurance contracts offered by insurers are adapted to each situation.

The co-owner has an interest in taking out personal insurance if he considers the co-ownership contract to be insufficient (it does not cover certain risks, it does not guarantee the private parts, the building is not insured for replacement value, etc.).

Indeed, most often, the insurance taken out by the trustee for the entire co-ownership covers all the buildings (common and private areas), as well as the personal liability of the co-owners for damage caused to others. In this case, it generally guarantees the improvements made by each of them in their apartment: partitions, cupboards, wallpaper, etc. But it is sometimes limited to the common areas only and the liability incurred for these (for example, an elevator accident).

Each co-owner must then insure the private parts and their liability for what concerns them.

No, the maintenance log is not mandatory here in Mauritius.

In France, since 2001, the maintenance logbook has been mandatory and must be drawn up by the trustee.

In a building, when a neighbor does not behave as would be desirable, the first reflex of the "victim" must be to consult the co-ownership regulations. Any occupant, owner or tenant must comply with them. The regulations determine the private or common nature of a particular part of the co-ownership and set the terms of use of each lot (residential use, mixed use, professional use, commercial use, garage, cellar, etc.), as well as the conditions of enjoyment of the private parts.

In matters of neighbourliness, it is better to first try to find an arrangement with the unscrupulous neighbour than to immediately initiate hostilities.

The first step can (must) be oral if possible and must consist of informing him of the disturbances he is causing. In addition to the fact that this step allows for explanations, it quite often allows us to know what to expect and to measure fairly quickly the degree of good faith of the "responsible" party. If the same disturbances recur, more restrictive measures will have to be considered.

If the victim of noise is a tenant, they should consider alerting the owner and the trustee. The trustee, in that they are required to enforce the co-ownership regulations and the lessor, in that they choose their tenants. As such, they must assume the consequences of their choice and could, if necessary, be held liable for disturbances caused by co-tenants whose actions exceed the inconveniences of the neighbourhood. Let us recall that the lessor has an effective means of putting pressure on a careless tenant in that they can legitimately brandish the threat of terminating the lease for fault, which does not exclude a possible action for liability.

In desperation, if the disturbances persist despite the various warnings sent to the offender, criminal action may be considered. It is then sufficient to file a complaint at the nearest police station, indicating the name, first name and address(es) of the complainant as well as the alleged facts. It is advisable to describe the facts as precisely as possible (the place, circumstances, date and time of the offence) and above all, if possible, to attach the names and address(es) of the witnesses. At this stage, no evidence should be overlooked, as a bailiff's report can only increase the chances of seeing the proceedings initiated lead to the offender's conviction.

Change Your Trustee

You’ve come to the right place to change your trustee or ASL president!

Receive a personalized quote by filling out the form to which you will be directed. You will receive by email a pre-filled contract accompanied by all the explanations and documents you will need in order to be able to submit The Smart Syndic’s application to the vote at the next General Meeting.

Our advisors will then contact you to ensure that the quote corresponds to your needs and also to answer all your questions.

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