The Alur law (law no. 2014-366 of March 24, 2014 for access to housing and renovated town planning) made two essential changes to the rules applicable to the trustee contract.
These modifications affect, on the one hand, the form and content of the contract and, on the other hand, the trustee's remuneration. We therefore draw your attention to Decree No. 2015-342 of March 26, 2015 defining the standard contract for co-ownership trustees and the specific services provided for in Article 18-1 A of Law No. 65-557 of July 10 1965 amended establishing the status of co-ownership of built buildings applicable to trustee contracts entered into or renewed as of July 1 , 2015.
The new article 18-1 A of law no. 65-557 of July 10, 1965 setting the status of the co-ownership of built buildings now requires the use of a standard syndic contract defined by decree.
The decree of March 26 is taken for the application of this provision and fixes in appendix a model of contract as well as the minimal size of the characters, which cannot be lower than that of the body eight. It can however be derogated from the stipulations of this standard contract when the syndicate of co-owners is composed exclusively of legal persons and that the building is totally intended for other than housing. Article 18-1 A also establishes the principle of fixed compensation for the trustee and additional compensation for certain services listed exhaustively.
The standard contract decree n° 2015-342 of March 26, 2015 defining the standard contract of co-ownership trustee and the specific services, provided for in article 18-1 A of law n° 65-557 of July 10, 1965 modified fixing the status of the co-ownership of the buildings built by the decree provides for a non-exhaustive list of services included in the package such as periodic visits and verifications of the building, formalities for declaration of loss or management of payments. Appendix 2 of the decree determines the restrictive list of services that may give rise to additional remuneration and classifies them into six categories of services. Additional remuneration may thus be collected for: – services relating to additional meetings and visits:
this includes the preparation, convening and holding of additional general meetings and exceeding the agreed reference time slots.
The organization of additional meetings with the union council and the realization of additional visits of the co-ownership. – services relating to the rules of co-ownership and the description of the division:
the decree provides for additional remuneration for the establishment or modification of the rules of co-ownership following a decision of the syndicate and the publication of the description of division and the rules of co-ownership or modifications made to these acts.
– administrative and material management services relating to claims:
this involves travel to the location where precautionary measures are taken, assistance with expert assessments and follow-up of the file with the insurer.
– services relating to works and technical studies, the list of which is set out in article 44 of the decree of March 17, 1967 taken for the application of the law of July 10, 1965.
– services relating to disputes and litigation (excluding debt collection from of the co-owners):
the decree aims, the formal notice by registered letter acknowledgment of receipt, the constitution of the file transmitted to the lawyer, the bailiff, the legal protection insurer as well as the follow-up of the file transmitted to the lawyer.
– other services:
this last category includes the diligences specifically related to the preparation of the decisions of acquisition or disposals of common parts, the resumption of the accounts on one or more previous financial year (s) not approved or not allocated ( s), in the event of a change of syndic, the representation of the union at the meetings of an external structure (secondary union, union of unions, free trade union association) created during the term of office as well as at additional meetings of these same structures if they existed prior to the signing of the trustee contract.
The decree also covers the constitution and monitoring of the loan file subscribed in the name of the syndicate, the constitution and monitoring of a grant file for the benefit of the syndicate and the initial registration of the syndicate. Appendix 1 (services included in the package)
Appendix 2 (specific services)
Standard contract
