France’s Property Management Oversight Gap: Awaiting a Disciplinary Body
Homeowners in France are increasingly frustrated by a lack of accountability for property management companies, known as syndics. Despite a 2018 law intended to address these concerns, a disciplinary commission designed to regulate the sector remains inactive due to ongoing disagreements over its composition.
The Problem: Unchecked Syndic Power
Joëlle, a homeowner in the Pays de Gex region of the Ain department, exemplifies this frustration. She wants to prevent a syndic who allegedly failed to convene necessary meetings and allowed €34,000 in unpaid water bills from continuing to practice. Her case highlights a common issue: co-owners have limited recourse when faced with mismanagement.
The ELAN Law and the Intended Solution
The 2018 ELAN law established a commission to provide oversight. This commission is meant to operate within the National Council for Real Estate Transactions and Management (CNGTI). Its role is to investigate reported abusive practices and offer opinions to the CNGTI, which could then initiate disciplinary proceedings. However, the commission has been stalled for eight years, awaiting the appointment of its members.
Limited Powers, But a Valuable Step
While the commission wouldn’t have the power to directly sanction professionals – unlike a formal professional order – its opinion carries weight. According to Danielle Dubrac, president of the Union of Real Estate Unions (UNIS), the commission’s assessment can serve as a valuable tool for co-owners building a legal case. It also provides a venue for reminding professionals of their ethical obligations.
The Sticking Point: Representation Disputes
The delay stems from disagreements among real estate professionals regarding the nomination of their representatives. The commission requires an equal number of professionals from the real estate sector and consumer representatives. While the consumer representatives have been appointed, the professional side remains in dispute.
What This Means for Homeowners in Gex and Beyond
Currently, homeowners in Gex and surrounding areas, such as Ornex and Divonne-les-Bains, have limited options when addressing concerns about their syndic. PagesJaunes lists several property management companies in the Gex area, but without a functioning disciplinary body, verifying their practices and addressing misconduct remains challenging. The national registry of co-ownerships (annuairedescoproprietes.fr) lists 173 co-ownerships in Gex, but details on the syndics managing these properties are often incomplete.
Frequently Asked Questions
What is a syndic?
A syndic is a property management company responsible for the administration and maintenance of a co-owned building in France.
What does the ELAN law aim to do?
The ELAN law, passed in 2018, aimed to improve transparency and accountability in the real estate sector, including establishing a disciplinary commission for property managers.
Why is the disciplinary commission not functioning?
The commission is stalled due to disagreements among real estate professionals regarding the nomination of their representatives.
What can homeowners do if they have issues with their syndic?
Homeowners can pursue legal action, and submitting a case to the (currently inactive) control commission could strengthen their legal position.
Pro Tip: Document all communication with your syndic and keep detailed records of any financial discrepancies. This documentation will be crucial if you decide to pursue legal action.
Do you have experience dealing with property management issues in France? Share your story in the comments below!
