Managing your co-ownership without a trustee, between article 47 and legal tips
On the sunny coast of the Côte d'Azur, life in a co-ownership takes on particular colors, with the trustee playing the role of captain ensuring the harmonious management of the building. But what happens when this essential guide is absent? Although this situation is rather rare under the Riviera sky, it can arise and open a chapter full of questions about management and legal obligations. Let us look at this scenario specific to the Côte d'Azur, exploring the implications of the absence of a trustee through the prism of article 47 of the law of July 10, 1965, the steps to appoint a new one, the crucial importance of having one by law, and the developments brought about by the Macron law, all sprinkled with that unique touch that only the Côte d'Azur can offer.
First of all, let us cite this section 47 Verbatim :
Article 47Version in force since July 4, 2020
Modified by Decree No. 2020-834 of July 2, 2020 – art. 39
In all cases, other than that provided for by the preceding article, where the union does not have a trustee, the president of the judicial court, ruling by order upon request, at the request of any interested party, appoints a provisional administrator of the co-ownership which is in particular responsible, within the deadlines set by the order, for obtaining the references of the union's bank accounts, the bank details and all of the union's documents and archives and for convening the meeting with a view to the appointment of a trustee under the conditions provided for in article 9.
The functions of this provisional administrator cease automatically upon acceptance of his mandate by the trustee designated by the general meeting.
In accordance with III of Article 53 of Decree No. 2020-834 of July 2, 2020, for trustees who have been exempted from the obligation to open a separate account in the name of the union by decision of the general assembly, these provisions come into force on December 31, 2020.
L'Article 47, a lifeline under the Côte d’Azur sun In the idyllic but complex setting of the Riviera co-ownership, article 47 becomes a beacon in the night for co-owners disoriented by the absence of their trustee. It offers a clear procedure allowing any owner to apply to the courts for the appointment of a provisional trustee, thus ensuring that the co-ownership is never left adrift, guaranteeing continuous management of common areas and the protection of collective interests, all under the blue sky of the Côte d'Azur.
Launch a request: A step towards resolution under the Mediterranean sky The process of appointing a new trustee begins with a request, a necessary step for anyone wishing to get their Riviera co-ownership back on track. This legal step often takes place in the arena of the competent court, where a judge, after evaluation, inducts a temporary trustee. This measure, although provisional, allows a semblance of order to be reestablished until a general meeting can stand to choose a new guide.
An imperative under the sun: the presence of a trustee On the shores of the Mediterranean, the law makes no waves on this point: the presence of a trustee is not to be taken lightly. This golden rule ensures smooth navigation of the co-ownership, with a trustee at the helm to carry out the decisions of the assembly, watch over the finances, and take care of the maintenance of the common areas, essential for the well-being and proper functioning of any residential complex on the Riviera .
New horizon with the Macron Law The Macron law, like a fresh wind on the sails of co-ownerships on the Côte d'Azur, has brought major reforms, also impacting the role of the trustee. It has opened new horizons by facilitating competition between trustees and strengthening the rights of co-owners, thus contributing to more transparent and accessible management for residences bathed in the Mediterranean sun.
Sailing without losing the North on the Côte d'Azur Being without a trustee on the Côte d'Azur could seem like an odyssey punctuated by uncertainties and management challenges. Fortunately, French legal texts and the nuances brought by the Macron law offer co-owners tools and clear paths to overcome these turbulent periods. Thus, armed with article 47 and legislative innovations, owners can stay the course, ensuring the serenity and sustainability of their Riviera haven, even in the temporary absence of a trustee.
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