Definition : Condo manager - External management firm

  Voilà bientôt 30 années que le métier de syndic de copropriété ( dénommé chez vous  : gestionnaire de copropriétés) dispose en Belgique d’une reconnaissance légale. Intégré dans les activités d’un agent immobilier, le syndic doit être inscrit auprès de l’Institut Professionnel des agents Immobiliers (I.P.I), organisme public et véritable « gendarme de la profession ». Les chroniques, présentées sous forme de questions-réponses, aborderont cette particularité belge, très peu présente en Europe et de par le monde.  

Le choix d'un gestionnaire de copropriété doit être judicieux, car sa relation d'affaires avec un syndicat doit être harmonieuse. Mais comment atteindre cet objectif? Cette webradio offre des pistes de solution, afin d'atteindre l'équilibre qui permet une relation durable entre les deux parties.

  Your co-ownership is not immune to fraud. It may be defrauded by directors, co-owners, condo managers, service providers and third parties. Therefore, it is in your best interest to be wary of the behavior of potential suspects. You should not indulge in a witch hunt, however, some warning signs should arouse suspicion and command vigilance.    

The manager bound to a syndicate by a contract for services does not have the same relationship with his client as the one who has the status of a salaried employee, at the end of a contract of employment. That being said, regardless of the nature of the relationship between the parties, it is advisable to specify the contract’s terms and conditions, including its obligations and its possible renewal. This will prevent misunderstandings and possible litigation. Terminating the contractual relationship between the manager and the syndicate of co-owners requires, at all times, an evaluation of the legal and contractual parameters. A review of the various scenarios illustrating the expiration or resiliation of a contract for services.

A contract usually has a term. This is the case with regard to the contractual relationship between the syndicate and its condo manager. It may last for years or end quickly. Some co-ownerships are loyal to their manager, while others change their allegiance or no longer want his services. That being said, there are several reasons for the termination of the contractual relationship such as:  

The condo manager must stipulate, in the contract for services, the scope and the cost of his services for the co-ownership’s day-to-day management. Day-to-day management includes the usual acts usually included in the basic package. The manager may also charge for additional remuneration for "supplementary" services. Therefore, it is necessary to specify the services included in “day-to-day management”, to avoid arguments, or having to pay unforeseen additional fees.  

Every syndicate of co-owners should retain the services of a condo manager, to assist the board of directors carrying out its duties. As the needs of a co-ownership are multiple and complex he needs to be the one man band of the co-ownership and assume enormous responsibilities. This being said, there are three management modes associated with this function, namely: resident-managers (autonomous management), employees (self-management) and contractors (external manager). A review of the various missions that may be entrusted to them.

The condo manager’s tasks are numerous. Therefore, his civil liability could be engaged. As a mandatary of the Syndicate of co-owners, the condo manager is required to fulfill the terms of his mandate. He is thus liable for damages that may result from the non-performance or improper execution of his mandate. This means that he incurs liability in two ways, in contractual civil liability towards the one who mandated him, namely the Syndicate of co-owners and in extracontractual civil liability towards a co-owner or a third party who would suffer damage as a result of a fault. It is therefore imperative that he takes out civil liability insurance for the duration of his service contract.  

The person responsible for the management of a syndicate of co-owners’ real estate assets, the condo manager plays a strategic role. His competence level can make the difference, especially if the board of directors knows next to nothing in such matters. Knowing how a co-ownership works, as well as taking charge of the stewardship of the immovable, requires knowledge that is not a given to everyone. In addition, a condo manager must demonstrate professional interpersonal skills, namely to be a good communicator, to act with rigor and organization, to demonstrate diplomacy and to have a sense of negotiation.