The functioning of the co-ownership is based on :
The Mauritius syndicate of co-ownership composed of all the co-owners who meet in general assembly ;
- The syndic Mauritius who executes the decisions taken by the general assembly and ensures the current management of the building ;
- The syndical Mauritius council, composed of elected co-owners, which assists and controls the Mauritius syndic in his management ;
Co-ownership is regulated by the Mauritius Civil Code Act.No.15 of 2018 Proclamation No.13 – 15 April 2019 – Section Co-ownership (article 664 – 56 to 62)
The union council is an essential actor of the co-ownership :
It assists the Mauritius syndic and controls his management.
Every co-ownership has a trade union council unless the General Assembly (GA) decides not to institute one by a double majority vote.
The syndical Mauritius council is composed of co-owners elected by the General Assembly.
The following may be members of the syndical Mauritius council :
- Any co-owner ;
- The spouse of the co-owner or his/her partner linked by a PACS ;
- The legal representative of the co-owner (parent, association…) ;
- The usufructuary or the beneficiary of a loan for use contract (person benefiting from the use of the property) ;
- The beneficiary of a lease agreement or a forward sale ;
However, the following may not be members of the Syndicate Mauritius Council :
- The Mauritius syndic ;
- The Mauritius syndic’s spouse or partner linked by a PACS ;
- Family members of the Mauritius syndicate ;
- The employees of the Mauritius syndic, including when they are themselves co-owners ;
- The partners or future partners of the Mauritius syndicate ;
HOW IT WORKS
The rules of the condominium or, failing that, the General Assembly, determines by a simple majority vote the organization and functioning of the Trade Union Council.
The president is appointed from among its members.
He can convene the General Assembly in case of impediment of the Mauritius syndic (illness, accident…).
The president and the members of the trade-union council are not paid.
On the other hand, the expenses related to the execution of their mission are taken in charge by the co-ownership and paid by the syndic Mauritius.
The role of the Mauritius syndic’s council is mainly to assist and control the Mauritius syndic.
It issues opinions, and can be entrusted with other missions.
It can take advice from any person of its choice and ask for a technical opinion from a professional.
Assistance and monitoring
The trade union council controls the management of the Mauritius syndic, in particular :
- Accounting of the co-ownership ;
- The distribution of expenses ;
- The conditions under which contracts are awarded and executed ;
- The elaboration of the provisional budget of which it follows the execution ;
In this respect, a copy of the statements of the bank account or sub-account of the co-ownership is made available to the Trade Union Council.
It can also take cognizance of all the documents relating to the administrative management of the co-ownership and request a copy of them.
For example, it examines the maintenance contracts or the supporting documents of the building’s charges.
The Trade Union Council gives its opinion to the Mauritius Syndic or during the General Assembly on all the questions concerning the co-ownership for which it is consulted or which it takes up itself :
- In case of works, the trade union council must be consulted by the Mauritius syndic when he signs a contract or a contract (elevator, heating…) the amount of which exceeds a sum fixed by the General Assembly ;
The written opinion of the Trade Union Council is notified to the co-owners at the same time as the notice of the General Assembly in order to inform the vote of the co-owners.
- In case of urgent work necessary for the safeguarding of the building, the Mauritius syndic has the possibility to claim exceptionally from the co-owners a provision after having consulted the syndical council ;
- Concerning the appointment of the trustee, the trade union council must proceed, every three years, to a competition of several draft contracts of Mauritius trustee before the holding of the General Assembly (it can be exempted by the previous General Assembly) ;
If it issues an opinion, it will be attached to the notice of the General Assembly.
The trade union council can also be entrusted with missions or delegations by the General Assembly for a determined period.
It can thus be authorized to certain expenses not exceeding the amount fixed annually by the General Assembly (example: purchase of cleaning products).
THE APPOINTMENT OF ITS MEMBERS
The General Assembly appoints the members of the Trade Union Council by an absolute majority.
If this majority is not reached, a second vote can immediately take place by simple majority, provided that at least one third of the votes are in favour.
This is a majority vote.
In the absence of candidatures or when the majority is not reached, the impossibility to appoint a Trade Union Council is noted in the Minutes of the General Assembly.
One month after the notification of the Minutes, the co-owners may decide not to institute a trade union council (vote in the General Assembly by a double majority).
They may also obtain the appointment of its members or the declaration of the impossibility of appointing them by a court decision.
The members of the Trade Union Council are elected for a maximum period of three years, renewable.
This duration is decided by the condominium rules or by the General Assembly.
The trade union council must report annually on its mission to the co-owners at the General Assembly.
Nevertheless, as the trade union council does not have its own legal personality, it cannot be held responsible nor can it participate in legal actions.
THE RULES OF MAJORITY
The law has provided for different majority rules depending on the nature and importance of the decisions:
Refer to Article 664-34 to Article 664-40.
SYNDICAL MAURITIUS COUNCIL, TO REMEMBER
The syndicate Mauritius council is composed of co-owners elected at the General Assembly for a maximum period of three years renewable ;
- Its role and operation are set out in the co-ownership regulations or, failing that, by the General Assembly ;
- It controls the management of the Mauritius syndic and gives its opinion on all questions concerning the co-ownership ;
- It is not paid ;
MAURITIUS SYNDICAL COUNCIL, TO REMEMBER
The missions of the Syndic Mauritius include the current management of a Mauritius Syndic of co-ownership as well as the particular services decided during the general assembly or by the syndical Mauritius council.
Current management of the Mauritius Syndic of co-ownership :
The complete management of the annual Ordinary General Assembly.
The complete management of the meetings of the Syndical Mauritius Council.
Provision of the various supporting documents concerning the charges.
Holding of the Annual General Meeting :
- Management of the attendance sheet ;
- Complete management of the Minutes and Resolutions ;
- The management of ante-post General Assembly communications such as the sending and notification of the minutes ;
General accounting of the co-ownership :
- General Management Accounts ;
- Co-owner Accounts ;
- Accounts Payable ;
- Bank account ;
Administration and management in accordance with the co-ownership regulations :
- Archiving of legal documents or any other relevant document ;
- Management of all communications with the Board of Trustees ;
- Management of the maintenance and upkeep of the complex ;
- Insurance management ;
- Employee management ;
- Litigation management and collection for unpaid bills ;
Special management of the Mauritius Syndic of co-ownership :
- Assistance to the Union during administrative or tax audits ;
- Establishment and publication of possible modifications to the Co-ownership Regulations ;
- Help or assistance with any legal, tax and social studies for the syndicate Mauritius ;
- Works outside the budget voted by the General Assembly ;
- Copy of the co-ownership regulations ;
- Collection of unpaid charges: formal notice ;
- Taking a mortgage ;
- Room rentals ;
MAURITIUS SYNDICATE'S COMMITMENT
Le Syndic Maurice ne peut demander ni recevoir, directement ou indirectement, d’autres rémunérations, à l’occasion des opérations dont il est chargé, que celles dont les conditions de détermination sont précisées dans le contrat ou dans la décision de nomination, ni de personnes autres que celles qui y sont désignées.
To consult in detail all the management services of the Syndic Mauritius of co-ownership by Comagim, consult the section « Our Services ».