The syndicat’s council assists the managing agent (syndic) and oversees its management, pursuant to Article 21 of the Law of July 10, 1965: it gives its opinion on all matters concerning the syndicat, must be consulted on contracts and agreements exceeding the threshold set by the general meeting, and may review any document relating to the management of the building. It has no independent decision-making power and cannot bind the syndicat, except under an express delegation voted by the general meeting under the conditions set out in Articles 21-1 to 21-5.

What the syndicat’s council can do

Its members are elected by the general meeting by the majority set out in Article 25, from among the co-owners, their spouses, partners, legal representatives or usufructuaries. Their term, limited to three years, is renewable. The role is unpaid, with only expenses incurred in the interest of the syndicat being reimbursable.

Overseeing the syndic’s management is its core mission: reviewing the accounts and supporting documents before the approval meeting, monitoring maintenance contracts, examining quotes, checking the collection of unpaid charges, and verifying that voted decisions are carried out. Upon request, the council receives any document, correspondence or register relating to the syndic’s management and the administration of the building. The syndic cannot refuse such a request without incurring liability.

Consulting the syndicat’s council is mandatory before entering into works contracts and agreements exceeding the threshold voted by the general meeting. Its opinion is not binding, but its absence undermines the validity of the commitment entered into by the syndic.

The chair of the syndicat’s council holds specific prerogatives. If the syndic is negligent or unable to act, the chair may, after an unanswered formal notice, convene the general meeting personally. The chair may also formally request that the syndic provide the requested documents and, if authorized by the general meeting, take action against the syndic on behalf of the syndicat.

What it cannot do

The syndicat’s council has no legal personality and does not represent the syndicat. It cannot sign a contract, commit to an expense, decide on works, impose a sanction on a co-owner, or settle a neighbor dispute. A decision presented as taken « by the council » outside a proper delegation has no legal effect.

The general meeting may delegate to it, under the conditions of Article 21-1, the power to make certain decisions falling within the majority set out in Article 24. Such delegation requires a precise resolution, a limited duration, a spending cap, civil liability insurance, and an annual accounting to the general meeting. Outside these limits, the delegation is unenforceable.

Your rights and remedies against the syndicat’s council

You first have direct information rights that do not go through the council: access to supporting documents for charges before the meeting under Article 18-1, access to the secure online portal provided by the syndic, and access to meeting minutes and the building’s maintenance logbook.

You may ask the syndic to add an item to the agenda of the next general meeting, by registered letter accompanied by the draft resolution and the necessary documents. This is the way to challenge how the council operates, request the removal of one or more members, reduce or withdraw a delegation of power, or change the mandatory consultation threshold.

Removal is decided by the general meeting, by the majority set out in Article 25, without the need to prove any wrongdoing. The appointment of a member may be challenged before the judicial court within two months of notification of the minutes, particularly where the person concerned does not meet the required qualifications or is in a situation of incompatibility, such as a connection with the syndic.

A member who exceeds their powers, discloses confidential information, favors a particular company, or obstructs oversight of the syndic incurs personal liability under Article 1240 of the Civil Code, with the burden on you to establish the wrongdoing, the damage, and the causal link. Where the combined failure of the council and the syndic leads to a deadlock in the administration of the building, the court may be asked to appoint a temporary administrator.

The general meeting may decide, by the majority set out in Article 26, not to set up a syndicat’s council. This exemption removes internal oversight of management and deserves careful consideration.

For any co-ownership matter, Avv. Cécile Zakine advises you and defends your interests (Grasse, Nice and Aix-en-Provence courts). Prompt consultation.

On the same topic: managing agent refuses to carry out works · challenging service charges · general meeting vote against my wishes · neighbor disputes · call for funds · all our co-ownership law resources