Practical Guide: The Key Steps for a Successful Change of Trustee in Your Co-ownership

The management of a co-ownership is largely based on the choice of the trustee, a crucial decision for the well-being of all the co-owners but also of your assets. If you are considering changing your trustee, it is essential to follow a well-defined process, in accordance with the laws governing co-ownership in France.

1. Convocation of the General Assembly:

The first step to change the trustee is to convene a General Meeting (GA) of the co-owners. The law of July 10, 1965 sets the rules for this summons. The agenda must include a proposal for a new trustee contract. Beforehand, make sure to send the RAR letter before the departure of the convocation, this must include a Draft resolution. PLEASE NOTE: If the draft resolution is not included in this RAR letter, the trustee may refuse to submit it to a vote.

2. Vote at the General Assembly:

The law requires an absolute majority of votes cast to approve the change of trustee. The co-owners present or represented at the AGM must vote in favor of terminating the contract with the old trustee and appointing the new one. This step guarantees democratic decision-making.

If only 1/3 of the votes are collected it is possible to vote a second time in article 25-1.

Since the ELAN law, the trustee can no longer leave the general meeting if he is not re-elected. Since 02/07/2020, the term of the trustee's mandate has been adjusted. Indeed, according to the ELAN law, the mere appointment of a new co-ownership trustee no longer puts an end to the current contract.

3. Signature of a New Contract:

The elected trustee must sign a contract that complies with legal requirements. The decree of March 17, 1967 specifies the elements that this contract must contain, in particular the duration of the mandate, the remuneration arrangements, and the missions entrusted to the trustee.

The ordinance amended article 18 of the law of 65. From June 1, 2020, when the assembly general appoints a new trustee,the latter's mandate can only officially begin one clear day after the date of the trustee's mandate. AG.

4. Transfer of Powers:

The transition between the old and new trustee must be carried out transparently. The former trustee hands over to his successor all documents, archives, and funds related to the co-ownership. This transfer of powers is crucial to ensure continuity in management and is governed by article 18-2 of the law of July 10, 1965.

5. Communication with the Co-Owners:

During this transition period, the new trustee should maintain open communication with the co-owners. Inform about ongoing changes, answer questions, and ensure an overall understanding of the process, thus helping to establish a climate of trust.

Changing trustee is a regulated process aimed at guaranteeing transparent management that is consistent with the interests of the co-owners. By following the laws in force, each step is carefully supervised to promote a smooth transition and ensure the sustainability of the co-ownership.