In Tunisia, the condominium regime applies as soon as a building belongs to several people by lots (apartments or floors). Understanding the legal basics is essential to ensure sound and transparent management of your residence in Tunis, Sousse or Sfax.
What is the Syndic according to Tunisian Law?
Article 85 of the Real Rights Code (CDR) stipulates that the owners of a collective building must form a Co-owners Syndicate. This syndicate is endowed with legal personality, which allows it to take legal action and possess its own funds.
Missions of the Syndic (Art. 97)
The syndic is the agent of the syndicate. According to Article 97, its responsibilities are threefold:
- Maintenance: Maintenance of common areas (elevators, stairs, facades, gardens).
- Finances: Recovery of condominium charges and payment of suppliers (SONEDE, STEG, security, cleaning).
- Legal: Representation of the syndicate in court and rigorous execution of decisions taken during the General Meeting (GM).
The Revolution of Law 2005-78
In order to professionalize property management in Tunisia, Law No. 2005-78 introduced crucial articles (97 bis, ter, quater). This law now subjects professional syndics to accreditation and provides for strict sanctions in case of mismanagement or breach of professional ethics.
Frequently Asked Questions (FAQ)
How is the syndic elected in Tunisia?
It is appointed by the General Meeting by a majority of the votes of the co-owners present or represented, in accordance with Article 92 of the CDR.
What are the sanctions in case of fault by the syndic?
According to Article 97 quater, a syndic may be subject to a warning, a reprimand or a ban from practicing in case of serious fault in its management.
Can a co-owner be a syndic?
Yes, the syndic can be "volunteer" (one of the resident owners) or "professional" (a specialized agency accredited by the State).
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