A co-ownership must have a syndic. Luxembourg co-ownership law does not, however, require that syndic always to be a professional: the grand-ducal regulation of 13 June 1975 provides that the duties of syndic may be assumed by any natural or legal person, subject to the co-ownership rules. The question of professional status comes from a different text, the one governing access to the professions.
Why must a co-ownership have a syndic?
A co-ownership is not simply a sum of owners. The common parts, the contracts, the accounts and the collective decisions have to be administered on behalf of them all.
The law of 16 May 1975 entrusts the syndic with carrying out the decisions of the general meeting and administering the building. Where no syndic has been appointed, the law even provides for appointment by a court: the president of the district court may appoint a syndic on the application of a co-owner. (loi du 16 mai 1975, art. 20)
"Not having a professional syndic" and "not having a syndic" must therefore not be confused.
Must the syndic be a professional?
Not necessarily.
The grand-ducal regulation of 13 June 1975 provides that, unless the co-ownership rules restrict it, the duties of syndic may be assumed by any natural or legal person. (RGD du 13 juin 1975, art. 18)
The professional limit comes from the legislation on access to the professions. The exemption applicable to small co-ownerships concerns buildings comprising at most nine units used for residential purposes, provided that at least one of those units belongs to the proposed syndic. (loi du 2 septembre 2011, article 10, paragraphe 3, lettre c), tel que modifié par les lois du 18 juillet 2018 et du 26 juillet 2023)
It is that distinction which allows some small co-ownerships to entrust the role to one of their own co-owners.
For how long can a syndic be appointed?
The mandate may not exceed three years. It may be renewed, but an extension requires a fresh formal decision of the co-ownership. (loi du 16 mai 1975, art. 14, tel que modifié par la loi du 22 avril 1985 ; RGD du 13 juin 1975, art. 18)
On expiry of the mandate, the syndic nevertheless retains standing to carry out the necessary protective acts and to convene the meeting responsible for filling the vacancy.
What majority is needed to appoint the syndic?
Appointment requires a majority of the votes of all the co-owners. If that majority is not reached, a second meeting may decide by the majority laid down for the co-owners present or represented. (loi du 16 mai 1975, art. 16 c) et dernier alinéa ; art. 15)
It is an important distinction: a syndic is not "chosen" by informal consensus among a few co-owners.
And in a new co-ownership?
A syndic sometimes named in the co-ownership rules or before the first meeting does not hold a definitive mandate for that reason alone. Its appointment must be submitted to the first general meeting for ratification. (loi du 16 mai 1975, art. 20)
That is particularly worth knowing in a building delivered by a developer.
What happens if the syndic fails to act?
The law also provides an answer to inaction. After a formal notice has gone unanswered for fifteen days, any interested party may apply for the appointment of a member of the works council or of a provisional administrator, as the case may be. If the co-ownership finds itself without a syndic, the works council may carry out day-to-day management, including calls for funds. (loi du 16 mai 1975, art. 22, tel que remplacé par la loi du 22 avril 1985)