Comparing syndics (managing agents) is a healthy exercise, and there is nothing aggressive about it: it is good governance. What matters is comparing like with like, because two similar fee levels can cover very different scopes of work.
What Luxembourg law requires, and what it does not
Let us say it at the outset, to clear up a frequent misunderstanding: Luxembourg law imposes no tender procedure for appointing a syndic. It requires the appointment to be voted in general meeting by the absolute majority (article 16 c) of the Law), and the terms of remuneration together with the specific arrangements for performing the mandate to be fixed by the meeting (article 19 of the Grand Ducal Regulation).
Putting the role out to tender is therefore good practice, not a legal formality. You are free to organise it as you see fit — and it is a freedom worth using.
The timetable
The annual ordinary meeting is the natural moment. Work backwards from it:
- the expiry of the current term (the minutes of appointment state it; the term may not exceed three years);
- the date of the meeting, allowing for the minimum fifteen days’ notice, or longer if your regulations extend it (article 3 of the Grand Ducal Regulation);
- the time needed to gather and compare the offers: allow several weeks.
In Luxembourg these meetings are concentrated in the first half of the year: start the process several months ahead, or the item will arrive too late to be considered properly.
Who leads it
The conseil syndical (the co-owners’ supervisory board) is the natural counterpart: its role is precisely to assist and to oversee, and its authorised members may consult the management records at the syndic’s office (article 16 of the Grand Ducal Regulation). Where there is no supervisory board, one or more co-owners representing at least a quarter of the votes may request that a meeting be convened and the item listed (article 2 of the Grand Ducal Regulation).
The papers to give the candidates
Without these, an offer is just a price list. With them, it is a proposal:
- the number and nature of the units (main units, cellars, parking spaces), the état descriptif de division (the schedule of division of the building) and the shares;
- the règlement de copropriété (the condominium regulations) and any amendments, and the house rules;
- the minutes of the last two or three general meetings;
- the latest approved accounts, the current forecast budget, and the statement of debts and receivables;
- the schedule of arrears and how long they have been outstanding;
- the balance of the fonds de travaux (the statutory works fund) and its history;
- the current contracts and their expiry dates: lift, boiler room, cleaning, grounds, and the building’s insurance;
- the statutory inspections and technical surveys, and the maintenance log;
- works voted but not yet carried out, projects in progress, and the warranties in force;
- open insurance claims and litigation.
- what is included: the annual ordinary meeting, bookkeeping, individual statements, reporting claims, and the number of site visits per year;
- what is excluded and charged separately: extraordinary meetings, handling claim files, the administrative follow-up of works, and delegated project management;
- the file opening and closing fees;
- individual services charged to the co-owner who benefits from them (transfer certificate, tenant statement, copies);
- the index-linking of the fees and the length of term proposed;
- how the agent is remunerated on works and, where applicable, on insurance settlements.
What must be put to the vote
Two items, not one: the appointment of the syndic (absolute majority, article 16 c)) and the terms of its remuneration and the arrangements for performing its mandate (the article 15 majority, article 19 of the Grand Ducal Regulation). Include the proposed contract among the meeting papers, so that the vote is on a document rather than on an intention.
A word on courtesy
Running a tender requires no criticism of the incumbent syndic, and we never offer any: we set out our scope, our method and our price, and the meeting decides. That is also what you are entitled to expect of any serious candidate.
Asking for a proposal
We will study your condominium and give you a detailed fee proposal with an explicit scope. The study is free and carries no obligation: you can compare calmly, ahead of the general meeting.
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.