What is the role of the co-ownership managing agent?

The managing agent's main duties

The managing agent is the executive body of the co-ownership. Appointed by the general meeting, it acts as the agent of the co-owners' association. Its duties are defined by the Act of 10 July 1965 and the Decree of 17 March 1967.

It handles the day-to-day administration of the building, the execution of general meeting decisions and compliance with the co-ownership by-laws. It is the only one authorised to represent the co-owners' association in civil acts and in court.

• Carry out the decisions voted at the general meeting
• Ensure the preservation, safekeeping and maintenance of the common areas
• Draw up and manage the provisional budget and the accounts of the association
• Keep the building's maintenance logbook and summary sheet up to date
• Open a separate bank account in the name of the co-owners' association
• Take out the building's insurance and register the co-ownership in the national register
• Represent the association in civil acts and in court

Professional managing agent and volunteer managing agent

The managing agent can be a professional, holding a professional licence issued pursuant to the Hoguet Act of 2 January 1970 and a financial guarantee. It can also be a volunteer or non-professional managing agent, who must be a co-owner of the building it manages.

The professional managing agent's contract must conform to a regulatory standard contract since the ALUR Act. Its duration is limited: it cannot exceed three years (or one year in certain cases involving a competitive tender). The managing agent receives a flat-rate fee for day-to-day management, supplemented where applicable by specific fees for certain services.

The separate bank account and the co-ownership council

Since the ALUR Act, the managing agent is required to open a separate bank account in the name of the co-owners' association. This obligation aims to isolate the co-ownership's funds from those of the managing agent and of the other co-ownerships it manages. A waiver remains possible only for small co-ownerships and by decision of the general meeting, under the conditions provided for by law.

The managing agent works under the supervision of the co-ownership council (conseil syndical), a body made up of elected co-owners that assists and monitors its management. The co-ownership council gives its opinion on matters concerning the co-ownership and can request disclosure of the management documents.