The Private Dimension
The relationship with the tenant/operator. This includes commercial leases, rent payments, and insolvency proceedings. Our long-standing mission to collectively defend investors for over ten years.
360 Approach • Component 03
Take an active role
Take an active role
in your condominium.
Most often, co-owners contact us regarding an issue related to the commercial lease that binds them to their tenant. However, once you own a property, two aspects necessarily coexist. The first is private: it concerns the contractual relationship with the tenant, as set forth in the commercial lease. The second is collective: it pertains to the condominium, that is, the management of the common areas and all the rights and obligations established by the 1965 law. Both aspects must be addressed as part of a comprehensive approach.
The Problem of a Non-Independent Property Manager
In this type of arrangement, it is very common for the designated property manager to actually be a subsidiary of the operator-tenant. This situation inherently creates a structural conflict of interest: the party who is supposed to represent and defend the co-owners turns out to be a direct extension of the opposing party in the contractual relationship. Consequently, the arbitration decisions rendered by this property manager almost systematically tend to favor the operator, even though he or she should be acting in the exclusive interest of those who pay him or her—that is, the co-owners!
Two aspects that cannot be ignored
The Condominium Aspect
The management of common areas, governed by the law of July 10, 1965. The homeowners’ association board, the property manager, and the general meetings of co-owners. Too often neglected and frequently mismanaged due to the property manager’s conflict of interest.
Our Services
Assistance with Starting a New Position
Our experience shows that it is essential for at least three co-owners to serve on the homeowners’ association board. Their presence provides an accurate picture of how the condominium operates and allows them to serve as a genuine check on the property manager, who can no longer act with complete autonomy—a situation that is always dangerous, especially when the property manager is affiliated with the building operator.
Annual Support for the Homeowners' Association Board
We will attend meetings if the homeowners' association board so desires and provide input on legal matters. The homeowners' association board may consult with us at any time.
Q&A System
Implementation of a dedicated Q&A system as part of a service package, allowing the homeowners’ association board to consult with us at any time to get quick answers to their common questions.
Change of Property Manager (End of Term)
We handle the entire process of changing property management companies. This begins with organizing the general meeting called to vote on this decision. We then conduct a structured request for proposals, based on both the firm’s three partner property management companies firm and other professionals we consult to ensure an objective and transparent comparison. Following this analysis, we recommend the property management company best suited to the specific needs of the condominium.
Removal of the property manager for misconduct
When necessary, we take the steps required to have the current property manager removed. Depending on the situation, this action may take the form of amicable pressure—structured sufficiently to prompt the property manager’s departure—or legal proceedings aimed at obtaining the property manager’s removal by a judge.
Lawsuit for Damages Against the Outgoing Property Manager
When necessary, we file a liability suit against the outgoing property manager to obtain compensation for the damages he may have caused through his mismanagement. The goal is to establish the property manager’s negligence, determine its extent, and obtain the compensation owed to the co-owners.
FAQ
Frequently Asked Questions
What is the homeowners' association board?
The homeowners' association board consists of co-owners elected at a general meeting. Its role is to assist and oversee the property manager: it reviews the financial statements, provides its opinion on important decisions, and may convene a general meeting in the event of the property manager’s failure to act. Its existence is provided for by the law of July 10, 1965.
How do you remove a non-independent property manager?
It is possible to remove a property manager before the end of his or her term, but this requires a resolution by the general meeting. If the property manager objects or if convening the meeting poses a problem, legal remedies are available to secure this removal, particularly on the grounds of mismanagement. Goethe Avocats assists co-owners in this process.
Can I take legal action against a property manager who mismanaged the condominium complex for the benefit of the operator?
Yes. If the property manager is in a conflict of interest (a subsidiary of the operator) and has managed the condominium in a manner detrimental to the co-owners, a liability action may be brought to obtain compensation for the resulting damages. We analyze management errors and the resulting damages.
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