You have a right to be informed, and the rules organise that information with some precision. They distinguish between what is served on you as a matter of course, what the syndic (the managing agent) issues on request, and what goes through the conseil syndical (the co-owners’ supervisory board).
What the syndic holds
“The syndic holds the archives of the syndicat de copropriété (the co-owners’ association), together with all agreements, records, correspondence, plans, registers and documents relating to the building and to the association. It holds, in particular, the registers containing the minutes of the general meetings of the co-owners and the annexed papers. It issues copies or extracts of those minutes, which it certifies as true copies.” (article 23 of the Grand Ducal Regulation).
It also keeps separate accounts for each condominium, showing the accounting position of every co-owner (article 24), and an up-to-date list of the co-owners identifying their units, together with the holders of rights of usufruct, bare ownership, use or residence, with their civil status and their actual or elected domicile (articles 22 and 31).
What is served on you before every meeting
No later than at the same time as the agenda (article 5 of the Grand Ducal Regulation): the account of income and expenditure for the financial year just ended, the statement of debts and receivables, the cash position, the forecast budget, any draft condominium regulations, schedule of division or apportionment of charges, the essential terms of any quotations and contracts put to the vote, and the draft resolutions in the cases provided for.
What you receive after the meeting
The minutes, served at the syndic’s initiative. Their service matters for more than information: it is what starts the two-month period within which co-owners who voted against, or who were absent and unrepresented, may challenge a decision (article 34 of the Law).
Going further: the supervisory board route
Beyond those documents, it is the conseil syndical that the rules designate as the body charged with oversight. It is its authorised members who may inspect and take copies, at the syndic’s office and having given it notice, of all the records, documents, correspondence and registers relating to the management (article 16 of the Grand Ducal Regulation).
Let us say it plainly rather than leave a false impression: an individual co-owner does not derive from that provision a general right of access to every management record. The two effective routes are therefore to go through the supervisory board, or to have the meeting vote a verification of the accounts by lay auditors or a formal audit. None of which, of course, prevents you from asking us for a specific document: we respond to reasoned requests.
The list of co-owners is a management document, not a directory: we release neither the contact details nor the account position of another co-owner. The syndic is bound by professional confidentiality and by data protection law. If you need to reach a neighbour, we will forward your request.
The documents to keep on your side
- the règlement de copropriété and any amendments to it, and the état descriptif de division (the schedule of division of the building);
- the minutes of each general meeting, year by year;
- your annual statements and your calls for funds;
- the syndic’s certificate issued when you bought, and your deed of sale;
- if you are a landlord: the lease, and the statement sent to your tenant.
How it works with us
Your online account My D&D Access brings together the documents for your condominium and your unit: minutes, statements, calls for funds, and the condominium regulations where these have been passed to us. For anything not held there, write to us stating your building, your unit and the document you are looking for.
Issuing copies, certified extracts or official documents may give rise to a charge, according to the rates voted for your condominium and the decisions of the general meeting. We will tell you before going ahead.
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.