What is a judicial syndic?

If no syndic is appointed during the general assembly, the justice of the peace can intervene and appoint one at the request of a co-owner or an interested third party. This procedure ensures the proper functioning of the co-ownership and protects the interests of all parties, including unpaid suppliers or other third parties.

Responsibilities of the judicial syndic

The judicial syndic is tasked with performing the usual duties of an ordinary syndic, as defined by law. These responsibilities include:

• Managing the day-to-day operations of the co-ownership,
• Maintaining the accounting records,
• Supervising necessary repairs and works,
• etc.

Although the law does not explicitly define these duties, jurisprudence clarifies that they are similar to those of a regular syndic.

⏳ Duration of the mandate: The mandate of the judicial syndic is temporary and cannot exceed three years. Only the justice of the peace can terminate it early, unless otherwise specified in the appointment order.

Difference between a judicial syndic and a provisional syndic

A provisional syndic may also be appointed to ensure a smooth transition in case of issues. There are two scenarios:

• By the general assembly: The assembly can appoint a provisional syndic if deemed necessary, for example, to resolve a specific issue.
• By the justice of the peace: This procedure applies when the current syndic is failing or incapacitated. In this case, the failing syndic must be involved in the procedure.

Why appoint a judicial syndic?

The appointment of a judicial syndic ensures:

• The continuity of co-ownership management in the absence of a syndic,
• The protection of the interests of co-owners and third parties,
• Compliance with the legal and contractual obligations of the co-ownership.

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