What are the rental management fees and what do they entail?
In return for his missions, the agent receives fees, also called rental management fees. These fees are set free but must be clearly displayed on the contract. They represent on average between 6% and 9% (excluding taxes) of the rents collected during the year and must correspond to the services provided by the rental management agency.
What is the difference with seasonal rental management?
Seasonal rentals are distinguished by their temporary nature. Unlike a classic rental, the seasonal rental is often intended for tourism. Thus, seasonal rental management includes other services. The property is rented for a short or medium period, the provision of the property is governed by the Tourism Code and not by the law of 6 July 1989 which concerns conventional rental management.
How to terminate a rental management contract?
To terminate a rental management contract, a procedure must be followed to avoid penalties or tacit renewal of the contract. The owner must send a notice of termination 3 months before the end date of the mandate, by registered letter with acknowledgment of receipt. It is not possible to terminate your rental management contract before the end date, except in case of fault of the manager. Note that the law requires professionals to inform owners before any tacit renewal of the contract.
Is it mandatory to have a trustee?
It is necessary and mandatory that each co-ownership has a co-ownership trustee. This obligation is for all condominiums, regardless of the number of dwellings and co-owners. A trustee is essential for the proper management and maintenance in good condition of your residence.
However, it is possible for a residence to have a lack of a trustee. This deficiency may occur when the mandate of the trustee in place is terminated, at the end of a mandate, or at the delivery of an immovable. In the cases previously stated, the deficiency ends during the next general meeting of co-owners, where a trustee will be elected. A lack of trustee may also be linked to a disagreement at the general meeting and an impossibility on the part of the co-owners to elect a new trustee by an absolute majority. In this specific case, the co-owners are convened to a general meeting until the appointment of a trustee.
How to become a trustee?
To become a syndic of a co-ownership, it is necessary to be appointed at the general meeting of the co-ownership. The vote to elect a trustee is by the absolute majority: more than half of the votes are necessary. A trustee is appointed generally for 3 years. This term of office is reduced to 1 year if the syndic participated in the construction of the immovable as a developer or architect, he or any person to whom he is related (spouse, employee, etc.).
A tacit renewal of the management mandate for a trustee is impossible. A re-election must be held every three years or every year.
How to obtain a professional syndic card?
To be a professional trustee, it is mandatory to hold a professional property management card, hold civil liability insurance and have a financial guarantee to reimburse the funds.
To obtain the professional card, an individual must file a file with the CCI (Chamber of Commerce and Industry) to which he is territorially attached. To be able to practice as a trustee, the file must be made to apply for the S card. The file must contain the following documents:
- Certificate of professional liability insurance.
- Certificate of financial guarantee.
- Certificate of opening an account dedicated exclusively to the activity.
- Extract from a criminal record.
The applicant must also be in possession of a diploma allowing him to practice the profession. The applicant must hold at least a Bac +3 in legal, economic, or commercial studies, an RNCP diploma, or BTS Real Estate. If the applicant does not have these diplomas, he can make the application if he demonstrates the professional experience of 3 years or more related to the desired activity and if he holds a bachelor’s degree. If the applicant does not have a diploma, he must share more than 10 years of experience as a non-executive, 4 years as an executive, for an activity related to the desired one.