Condominiums that work well almost always have an active conseil syndical (the co-owners’ supervisory board). It is not a token representative body: the rules give it real powers of oversight over the syndic (the managing agent).
Optional, but decisive
“A supervisory board may be established at any time, in order to assist the syndic and to oversee its management” (article 23 of the Law). It is therefore not compulsory. But several mechanisms in the Law come into play only where one exists: the prior opinion required before an emergency advance is called in, the authorisation of written consultation outside a meeting, the convening of a meeting where the syndic is in default, and day-to-day management where the condominium finds itself without a syndic.
How it is set up
Where the règlement de copropriété (the condominium regulations) creates a supervisory board, it lays down the rules governing its organisation and operation, in particular the number of its members and the length of their term, which may not exceed three years, renewable. Where the regulations make no provision, a supervisory board may be established at any time by decision of the general meeting taken by the article 17 majority — a majority of the members representing at least three quarters of the votes (article 13 of the Grand Ducal Regulation).
Who may sit on it
Members are chosen from among the co-owners, their spouses or their legal representatives. And one incompatibility is laid down unambiguously: the syndic, its spouse and its employees may not be members of the supervisory board, even if they are co-owners (article 14 of the Grand Ducal Regulation).
Members are appointed by the meeting by the article 16 majority — the absolute majority — or, failing that, by order of the president of the district court on the application of a co-owner (article 23 of the Law, article 14 of the Grand Ducal Regulation). They may be removed at any time by the meeting, on the same conditions as those laid down for their appointment, or by the article 17 majority where they had been appointed by the regulations or by the decision establishing the board.
Alternates and vacancies
One or more alternate members may be appointed on the same conditions as full members; where a full member’s functions cease permanently, they take their seats as vacancies arise, in the order in which they were elected, until the expiry of the term they are filling. One thing to watch: the supervisory board ceases to be properly constituted if more than a quarter of the seats fall vacant, for whatever reason (article 15 of the Grand Ducal Regulation). Appointing alternates avoids that paralysis.
Its real powers
The supervisory board gives its opinion to the syndic or to the meeting on any question on which it is consulted or which it takes up of its own motion. Above all, “it oversees the syndic’s management, in particular the latter’s bookkeeping, the apportionment of expenditure, the terms on which contracts are awarded and performed and all other agreements”.
And it has a concrete right of access: “One or more members of the board, authorised for the purpose by the board, may inspect and take copies, at the syndic’s office and having given it notice, of all records, documents, correspondence and registers relating to the syndic’s management and, generally, to the administration of the condominium” (article 16 of the Grand Ducal Regulation).
It may also be given tasks or delegated powers by the meeting, on the conditions set out in article 16 a) of the Law.
A delegation of powers may relate only to an expressly specified act or decision. It may authorise the person to whom it is given to decide certain expenditure up to a maximum amount that it sets. It may in no circumstances deprive the meeting of its power of oversight over the administration of the building and the syndic’s management, and an account of how it was exercised must be given to the meeting (article 12 of the Grand Ducal Regulation).
An unpaid office
“The offices of chair and of member of the supervisory board carry no remuneration.” The board may, however, be assisted by any technical expert of its choosing; that expert’s fees and the costs required for the board to function are administration expenses, paid by the syndic on the terms laid down in the condominium regulations, supplemented where appropriate by a decision of the meeting (article 17 of the Grand Ducal Regulation). A supervisory board can therefore bring in a professional without its members having to fund it themselves.
If you are thinking of standing
That is good news for your building, and for us: an active supervisory board makes management quicker and decisions sounder. Have the appointment placed on the agenda — or write to us, and we will explain how the board works in practice in your building and how often we propose to meet.
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.