This is one of the most useful rules to know, because it hands control back to the general meeting at regular intervals: a syndic’s (the managing agent’s) term of office is limited in time and does not renew itself.
Three years at most
“The syndic is appointed by the general meeting for a term which may not exceed three years.” (article 14 of the Law). The Grand Ducal Regulation confirms it: “The duration of the syndic’s functions may not exceed three years. The functions of syndic are renewable.” (article 18 of the Grand Ducal Regulation).
A term may therefore be shorter — one year, two years — depending on what the meeting decides and what the syndic’s contract provides. It cannot be longer than three years.
No automatic renewal
What follows in the same article is decisive: “On the expiry of its functions, it 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 general meeting in order to fill the vacancy.” (article 14).
Two practical consequences:
- renewal must appear on the agenda of the meeting and be put to a vote;
- if nothing is voted, the outgoing syndic is not reappointed: it carries out acts of preservation only, and its role is to convene the meeting so that the vacancy can be filled.
In other words, declining to reappoint a syndic whose term has run out requires no reason at all: the absence of a formal decision is enough. Removal during the term is a different question, dealt with in the article on appointment and removal.
Who may act as syndic
“Subject to any specific provision of the règlement de copropriété [the condominium regulations], the functions of syndic may be assumed by any natural or legal person.” (article 18 of the Grand Ducal Regulation). A co-owner acting voluntarily may therefore hold the office just as a professional may, unless your regulations provide otherwise.
The remuneration is voted too
“The terms of the syndic’s remuneration, subject where applicable to the regulations on the subject, together with the specific arrangements for performing its mandate, are fixed by the general meeting” by the article 15 majority (article 19 of the Grand Ducal Regulation). The syndic’s contract, its scope and its fees are therefore matters for the meeting: they must be put to the vote, not merely notified.
The case of the first syndic
Common in new buildings: where, before the first general meeting is held, a syndic has been appointed by the condominium regulations or by any other agreement between the parties, “that appointment must be submitted for ratification by that first general meeting” (article 20 of the Law). The first meeting is therefore not a formality: it either endorses the syndic put in place by the developer, or it does not.
A syndic appointed by the court
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. Its remuneration is set by the order of appointment, and its functions cease as of right as soon as the syndic appointed by the general meeting accepts office (article 20).
“Any agreement between the association and the syndic, its employees or relatives by marriage up to and including the third degree, or those of its spouse to the same degree, must be specially authorised by a decision of the general meeting.” The same applies to agreements with any business of which those persons are owners, partners, managers, directors, officers, employees or agents (article 29 of the Grand Ducal Regulation). A service supplied by a company connected with the syndic must therefore be put to a specific vote.
Checking where your term of office stands
Go back to the minutes of the meeting that appointed your syndic: they state the term that was voted, and therefore its expiry date. If that date is approaching, now is the time to start thinking it through — renewal, an adjustment of scope, or putting the role out to tender. We can provide you with a study of your condominium and a costed proposal, with no obligation.
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.