General meetings outside the deadline, abusive increases in fees, lack of competition, not to mention the illegal invoicing of costs linked to the Covid ... The abuses of the condominium trustees have never been so numerous in this difficult period of the pandemic, worries the Association of Co-Ownership Managers (ARC) which claims more than fifteen thousand member condominiums.
“We are in chaos,” says Emile Hagège, its director.
In more than 35 years of activity, our association has never recorded so much abuse ... Some trustees take advantage of the exceptional situation linked to Covid to free themselves from the law and do business.
"
The association even claims to be crumbling under appeals and demands from disarmed co-owners.
“At the beginning of February, in just four days, around a hundred condominiums turned to us to join us or to be supported,” he exclaims.
The holding of the general assembly (GA) of co-ownership is the number one area of concern.
"Many condominiums realize that they no longer have trustees since February 1," says the director of the ARC.
This has serious legal repercussions because in the absence of a trustee, there is no call for charges possible, neither invoicing, nor procedure and that poses enormous practical problems on a daily basis.
"
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This is confirmed by another consumer defense association, the CLCV (Consumption Housing and Living Environment).
"All the condominiums which saw the mandate of their trustee automatically extended during the two confinements had until January 31 to call a meeting and elect their trustee for 2021, which they are far from having all done", explains David Rodrigues, lawyer at the CLCV, himself without a trustee since the end of January for lack of meeting on time ...
Illegal invoices linked to Covid
More serious, some trustees would take advantage of the crisis to supplement their income.
“We pin illegal practices on our site every week and we are spoiled for choice!
The latest is due to billing related to Covid.
“A trustee had a study carried out
(Editor's note: on the organization of a dematerialized AGM)
by a law firm that it invoices 234 euros to several of its co-ownerships, protests Emile Hagège.
Not only is this practice completely illegal, it also charges the same bill several times!
"
Another case is that of a trustee who does not hesitate to charge for the time spent answering questions and counting the voting forms of a meeting held by mail.
"The abuse is obvious and we are even illegal because this time spent is normally part of the basic package of the contract of the trustee", notes the expert who informed the repression of fraud.
Owners caught in a pinch
Postal voting is very often at the heart of recent conflicts, underline the two associations.
“Many trustees automatically impose this form of voting when it is supposed to intervene only as a last resort when videoconferencing is not possible,” accuses the CRA.
With the key "many abuses with resolutions where a trustee happily increases by 40%
(Editor's note: the fees are free, the owners to refuse them)
, another extends the duration of his contract, does not respect the setting in competition or refers to a service provider which is none other than its subsidiary… ”
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It is up to the owner to accept or reject the resolution in his postal vote but it is impossible for him to amend it as in an ordinary meeting.
"Any crossed out or crossed out vote is seen defective", underlines David Rodrigues.
With in the end, owners caught between their desire to renew their trustee but opposed to their increase, or ready to vote for work, but not to the amount indicated.
The United itself, the first organization of real estate professionals (bringing together trustees, agents, experts, etc.) is moved by this in a recent press release, raising “the urgency of returning to AGs in physical format” when it is is possible.
According to Albert Michel de Chabannes, chairman of the co-ownership commission, “the abandonment of physical AG endangers the proper functioning of condominiums”.
"Our trustee imposes a meeting by correspondence on us"
Jean-Claude Geneste does not appreciate that his trustee has imposed a general meeting by correspondence.LP / Delphine Denuit
Do not talk about retirement to Jean-Claude Geneste.
At 75, this former HR Director is keen to follow the management of his co-ownership very closely.
"I have lived in a new building in Pantin
(Seine-Saint-Denis) for more
than five years and our condominium has been racking up the galleys between poor workmanship, damage to structures and other water damage" for five years ". he exasperated.
The Covid-19 crisis has not helped improve his relationship with his trustee.
“He requires us to hold a general meeting
only by correspondence in accordance with the law
, as he writes in his convocation.
It leaves us no choice while the postal vote is only supposed to take place as a last resort, if no other alternative is possible, which is not our case ... Our co-ownership is not immense , we could quite have met by videoconference ”, insists Jean-Claude, document in hand.
"A bad trial"
In his eyes, this choice is not trivial.
He sees it as “a way of forcing the co-owners' hand to accept certain resolutions such as the approval of contested works damage accounts”.
Contacted, the trustee, the Guilbaud cabinet, evokes a bad trial which is made against him, "especially since this resolution was rejected", he notes.
As for videoconferencing, "how to ensure that the co-owners present are well connected and vote", retorts the property manager, before concluding: "As much for a small co-ownership of ten lots, it is possible by using the delegation of votes but not at M. Geneste.
»The condominium has 49 lots, which is more than the average but remains below the largest condominiums which can exceed 100 lots.
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