A small co-ownership needs documents no less than a large one. When management rests on a few people, continuity depends even more on a complete and transferable file.
Gathering these documents from the outset, then keeping them up to date, avoids gaps when an occupant changes, a claim arises or management is taken over. The lists below summarise what is useful to keep.
Deeds and regulations
This foundation defines what each person owns and the common rules. It is kept indefinitely.
- Founding deed (acte de base)
- Co-ownership regulations
- Plans
- Description of the units
- Shares in the common parts
- Subsequent amendments
- Easements
- Land-registry documents
Decisions
Jointly-taken decisions are only worth anything if they are documented. Keep the entire file of each meeting.
- Notices of meeting
- Agendas
- Proxies
- Attendance sheets
- Minutes
- Appendices
- Voting results
- Decisions permitted outside meetings
Accounts
The financial management must be capable of being reconstructed and checked at any time.
- Budgets
- Calls for funds
- Bank statements
- Invoices
- Proof of payment
- Statements
- Individual statements
- Tracking of unpaid amounts
- Earmarked funds
- Adjustments
Contracts
Each ongoing commitment must be identifiable, with its deadlines and termination conditions.
- Insurance
- Maintenance
- Heating
- Lift
- Cleaning
- Regulatory inspections
- Energy
- Mandates
- Amendments
- Terminations
Technical documents
They record the condition and history of the building, useful for both maintenance and claims.
- Technical drawings
- Manuals
- Warranties
- Reports
- Certificates
- Surveys
- Keys and badges
- Secured technical access
- History of interventions
- Photographs
- Claim files
Contacts
This list is kept up to date at all times: it is the first thing needed in an emergency.
- Co-owners
- Occupants
- Insurer
- Bank
- Service providers
- Emergency contacts
- Technical managers
Digital access
The means of access to tools and accounts must be documented, so that another person can take over.
- The co-ownership's email address
- Bank account
- Storage spaces
- Tools used
- Any domain names
- Connected equipment
- Recovery procedures
- Authorised persons
Do not record passwords in a public document or in the minutes.
Preparing the handover
At least once a year, check that the file remains complete and consistent.
- Filing of documents
- Reconciliation of accounts
- Status of contracts
- Tracking of decisions
- Updating of access
- Ongoing matters
Key points
- Keep a complete documentary foundation.
- Formalise decisions.
- Reconcile the accounts regularly.
- Secure the access.
- Prepare for the handover of management.
Reference texts
The texts below set out what the property manager must hold and keep up to date. The practical list in this article overlaps with them without being limited to them: it is a matter of sound management, not of a self-standing legal obligation borne by the co-ownership or by the co-owners.
- List of co-owners — the property manager draws up and keeps up to date the list of all the co-owners, with the units, the civil status and the actual or elected domicile: article 22 of the grand-ducal regulation of 13 June 1975 (Mémorial A No 34 of 20 June 1975).
- Archives of the association — agreements, documents, correspondence, plans, registers and records relating to the building and to the association, including the registers of minutes of meetings and their annexes; the property manager issues certified true copies: article 23 of the grand-ducal regulation.
- Register of minutes — the minutes are entered one after another in a register specially opened for that purpose: article 10 of the grand-ducal regulation.
- Separate accounts — the property manager keeps separate accounts for each association, showing the accounting position of each co-owner: article 24 of the grand-ducal regulation.
- Consultation by the co-ownership board — the authorised members of the co-ownership board may inspect and copy the documents at the property manager's office: article 16 of the grand-ducal regulation.
- Transcription of the co-ownership regulations — in the forms of the law of 25 September 1905 (Mémorial A No 63 of 28 October 1905): article 10 of the law of 16 May 1975 (Mémorial A No 28 of 23 May 1975), in the version resulting from the Law of 22 April 1985 (Mémorial A No 22 of 9 May 1985).
Neither the law of 16 May 1975 nor the grand-ducal regulation of 13 June 1975 sets a period for keeping these documents. This article therefore gives none.
Disclaimer
This article offers a method for organising documents. It does not replace reading the founding deed (acte de base), the co-ownership regulations and the decisions of the meeting, which remain the reference for each co-ownership.