A small family residence or a large condominium with a pool and security: the choice between a volunteer and a professional syndic depends mostly on the building's size and the time owners can devote to it.
The volunteer syndic
Under Article 664-44 of the Mauritian Civil Code, syndic duties may be performed by any individual or company, professional or not. A non-professional syndic must be an owner of one or more units in the residence it manages — if that condition ceases during the mandate, the mandate lapses within one month, and the outgoing syndic must call a general meeting to appoint a replacement.
A volunteer syndic is not subject to the professional insurance or competitive-tender obligations imposed on professionals (see below). It remains responsible for its management and bound by the decisions it carries out.
The professional syndic
The 2018 reform considerably strengthened the safeguards applying to professional syndics. Under Article 664-45, a professional syndic must, on pain of nullity of its mandate:
- be insured for its duties (professional liability);
- hold a guarantee covering the funds it handles on behalf of the association;
- have been appointed after a prior competitive tender.
Its remuneration is set by the general meeting by the two-thirds majority of Article 664-37, together with the particular terms of its mandate (Art. 664-49).
In all cases: the same mandate limits
Whether the syndic is a volunteer or a professional, its mandate — voted by the absolute majority of Article 664-35 — may not exceed three years and has no tacit renewal (Art. 664-46): the general meeting must vote again at expiry, a regular opportunity to review its management — or to change it.
The syndic, whatever its status, is solely responsible for its management and cannot be replaced, although it may entrust certain tasks to employees (Art. 664-50). Any agreement between the association and a company linked to the syndic must also be authorised beforehand by the general meeting, which must be told the nature of the link (Art. 664-55) — a useful protection against conflicts of interest.
How to change syndic?
Changing syndic — volunteer to professional, or the reverse — follows the same procedure as the initial appointment: an item on the general meeting's agenda and a vote by the absolute majority of article 664-35. If the association is left without a syndic (resignation, mandate not renewed), any owner may ask the Judge in Chambers to appoint an interim syndic until a general meeting decides (Art. 664-47).
Read our guide to syndic regulation in Mauritius.
Frequently Asked Questions (FAQ)
Can an owner become a volunteer syndic?
Yes, provided they own one or more units in the residence (Art. 664-44).
Must a volunteer syndic be insured?
The law imposes professional insurance and a financial guarantee only on the professional syndic (Art. 664-45); it is not a specific legal obligation for a volunteer syndic.
Is the syndic's mandate renewed automatically?
Never: article 664-46 expressly excludes tacit renewal. A general meeting must vote again before the three years expire.
What happens if the association has no syndic?
Any interested person may apply to the Judge in Chambers for an interim syndic, tasked with calling a general meeting to appoint one (Art. 664-47).
Volunteer or professional syndic: one tool
SyndicPro suits residences run by a volunteer owner as well as professional firms: accounting, general meetings, charges, all in one place.
Discover the SyndicPro solutionInformational article, English version of our French article on the Mauritian Civil Code (articles 664 et seq.). Quotations of the law are our translation. Not legal advice.