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The property manager is the representative of the property owners association. He implements all the decisions taken by the general meeting and runs the property for the association.
Association and Association Council: Do not confuse these two terms. The joint-owners association is the grouping of all the joint-owners. The constitution of the association is easily founded with few formalities, the property manager represents the association. He implements all the decisions taken by the general meeting and runs the property for the association. The association council assists the property manager in his work and monitors his management. Its members are elected by the joint-owners, their spouses or their legal representatives during the general assembly for a period of 3 years. The council must elect a president whose role is to liaise on a permanent basis with the property manager. What is the role of the association? It must: enforce the rules of joint-ownership, update the list of joint-owners, implement the decisions of the general assembly, undertake the general management (maintenance, staff management, supply...), intervene for any urgent works, collect charges due from the joint-owners, prepare the projected budget and current accounts (it may request advances), it must also require the vote of the general assembly during its first appointment and, at least every 3 years, the decision to constitute special provisions for maintenance on the common areas that may require such work in the 3 years to come, advise the joint-owners (in particular, inform them of the consequences of the decisions taken during the general assembly). Who appoints it? The general assembly (by a majority of votes from owners present or absent). The association council in cooperatives. The president of a high level court, on the request of one or several joint-owners. Who can be the property manager? The property manager must be a holder of a professional property management identity card (law dated 02/01/1970). These professionals are reliable in terms of competence and financial management. An insurance policy will cover their personal liability. It is also possible to choose a non-professional property manager, but only from among the joint-owners or their spouses. This would remove the need to pay fees (a non-professional property manager does not have to be paid) and the joint-owner who is directly concerned in the management of the property would undoubtedly pay greater attention to detail, especially day to day repairs that he would endeavour carry out as cheaply as possible. However, it must be said that this activity requires a lot of time, as well as good legal knowledge and accountancy skills. The non-professional property manager provides no financial guarantee, he will have greater difficulty in subscribing to a personal liability policy and be personally responsible for his management. In practical terms, this solution is only possible for small joint-ownerships (4 or 5 joint-ownerships). What are the working hours of a property manager? They are not regulated and therefore to be negotiated. What is the duration of his contract? 3 years maximum, renewable. What is done if the property manager is not satisfactory? Do not renew his contract. Terminate the contract if fault can be proved (bad accountancy, decisions contradicting those of the general assembly...). A majority vote of joint-owners is required. Warning! The reason must be serious, if not the property manager may win damages for unfair dismissal. Law dated 10/07/1965, law dated 02/01/1970, decree dated 17/03/1967.
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