A condominium without a syndic (a managing agent) is not a condominium without a remedy: the Law has provided for these situations and, in each case, identifies who may act. The urgency is real, but the way out is clearly marked.
Situation 1: the term has expired with no decision taken
On the expiry of its functions, the syndic may continue its activities only by virtue of a formal decision of the general meeting. Pending that decision it has, however, authority to carry out any acts of preservation in the interest of the syndicat de copropriété (the co-owners’ association), and may convene the meeting in order to fill the vacancy (article 14 of the Law). The simplest way out of the deadlock is therefore a general meeting, and the outgoing syndic has the power to convene it.
Situation 2: the association genuinely has no syndic
Article 22 of the Law provides for the interim period:
- the chair of the conseil syndical (the co-owners’ supervisory board) or, failing that, any member of that board, convenes the general meeting in order to appoint a syndic;
- until the new syndic takes office, the supervisory board is responsible for carrying out acts of day-to-day management, including calls for funds, and any acts required by an emergency. Its decisions are implemented by its chair;
- where no supervisory board has been established, the right to convene the meeting and to carry out those acts belongs to any person designated by agreement of the co-owners representing at least one third of the members of the association;
- failing such an agreement, any co-owner may apply, by petition to the president of the court, for the appointment of a provisional administrator with power to carry out those acts.
This is one of the best reasons to have a supervisory board in place before you need one: without it, you must assemble a third of the members or go to court.
Situation 3: the syndic is in office but is not acting
“Where the syndic is prevented from acting for any reason whatsoever, or where it fails to carry out its duties, and in the absence of any provision in the règlement de copropriété [the condominium regulations], any interested party may, after a formal demand served on the syndic has gone unanswered for fifteen days, apply to the president of the district court to entrust all or part of those duties, and for a fixed period, either to a member of the supervisory board or, where there is no supervisory board or none of its members accepts the task, to a provisional administrator.” The president decides as in summary proceedings, on an application served on the syndic (article 22).
Situation 4: no appointment is made at all
Where no appointment is made, the syndic is appointed by order of the president of the district court in which the building is situated, on the application of one of the co-owners, the others having been heard or duly summoned. The court-appointed syndic’s remuneration is set by the order, and its functions cease as of right as soon as the syndic appointed by the general meeting accepts office (article 20).
Getting a meeting convened when nobody else will
The president of the district court, sitting in summary proceedings, may on the application of any co-owner authorise a co-owner or a court-appointed representative to convene the general meeting, and direct that person to chair it. A formal demand that has gone unanswered for more than eight days, served on the syndic and where applicable on the chair of the supervisory board, must precede the application, failing which it is inadmissible (article 30 of the Grand Ducal Regulation).
With no syndic in office: no regular calls for funds, so the cash position runs down; suppliers’ invoices go unpaid and maintenance contracts are suspended; the building’s insurance premium may cease to be paid; no proceedings can be brought in the association’s name, for want of a representative (article 14); and safety is put at risk if a statutory inspection is not renewed.
The right steps, in order
- Check the expiry date of the term in the most recent minutes of appointment.
- Serve a formal demand on the syndic in writing, keeping proof of posting: the eight-day and fifteen-day periods run from that point.
- Convene the supervisory board or, failing that, obtain the agreement of co-owners representing at least one third of the members.
- Convene the general meeting with, on the agenda, the appointment of a syndic and the fixing of its remuneration.
- Failing that, apply to the president of the district court — taking advice on the form of the petition.
We can step in
We regularly take over condominiums left vacant or in default. If your building is in that position, write to us or call the office: we will set out the steps to take in order, and we can put ourselves forward at the meeting you convene.
General information on Luxembourg condominium law (the amended Law of 16 May 1975 and the Grand Ducal Regulation of 13 June 1975, in their consolidated version applicable as at 1 August 2023). Your own règlement de copropriété may lay down specific rules, which prevail within the limits set by the law. This content is not legal advice.