Trustees, whether professional or non-professional, may be held liable if a fault committed in the course of their duties causes damage. The nature of their liability varies depending on who has suffered the damage.
To incur liability, it is up to the claimant to prove the damage and the causal link.
If the syndic has taken the necessary steps and fulfilled the obligations incumbent upon him, he cannot be held liable for the damage suffered by the co-ownership. However, in the event of misconduct in excess of authority, the syndic may be held liable.
Do not hesitate to contact our lawyers who are experts in co-ownership law. They will support you in your efforts to hold the relevant syndic liable.
The syndic’s liability to the syndicate of co-owners in the mandate contract
The syndic is liable to the co-owners for any faults committed by the syndic in the course of his duties. In return, the syndicate may take recourse action to compensate the syndic for the fault committed personally by the syndic.
In effect, the syndic, as the syndic’s principal, is liable for damage committed in the course of his duties, for example, for :
- A fault committed in convening and holding meetings ;
- Acts carried out by the syndic without, or in excess of, the authorisation of the general meeting;
- Failure by the managing agent to carry out the decisions of the general meeting;
- Negligence in administering the building or carrying out work;
- Negligence in taking the necessary measures to put an end to infringements committed by co-owners, such as taking legal action.
Liability directly to individual co-owners
In principle, the syndic is liable only to the syndicate. However, while individual co-owners may take direct action against the syndicate, they may also choose to sue the syndic in the event of direct and personal injury, outside any action already taken by the syndicate.
The statute of limitations for both contractual and extra-contractual liability is 5 years.
A professional syndic is considered to be a property administrator. As a result, the Hoguet Act of 2 January 1970 requires them to obtain a professional licence and a financial guarantee. This includes the obligation to take out insurance to cover professional liability in the event of professional negligence.
