The organization of Kenya WhatsApp Number List life is fundamental: with regard to condominiums, it was the Hoguet law of 1970 which first established the framework for the trustee’s mission, after several adjustments, including in particular that of the Alur Law. in 2014. The trustee has many missions of administration of an apartment building and of the co-ownership of the latter through fundamental documents: first, the list of co-owners, registration of the syndicate of co-owners, the maintenance book, management of the building’s archives, etc. Then, the trustee guarantees the presentation of the accounts of the community, whether in the approval of the accounts as of the provisional budget;

Finally, the life of this administration of the collective good is characterized by governance, with the famous General Assembly (GA), which brings together all the owners of the property to ensure the debate and the vote on the resolutions. A building is a form of ultra-local democracy, with debates, disagreements, oppositions, and a whole range of participations which can range from those who invest in a union council, to those and those who always put their trash in the wrong containers (or worse!). The limit to this comparison with democracy is that in a condominium, size matters, because it is the number of dates held

Trustee and containment

that determines the weight of the vote. But there are also those who no longer even come to the assembly and are not interested in their right (duty?) To vote. The trustee therefore has a major mission for the animation of this “democracy” and especially the administration of common private goods. The icing on the cake, the trustee can also seek to develop over time the property that is the building, through a policy of renovation and major works. Just as it can, in particular through its discussions with the co-owners, contribute to good understanding between the parties. In these two cases, they are “cherries” because the trustee will not be able to do anything without the dynamism of the union council.


Trustee and containment After these reminders on the importance of the trustees’ missions, how were the trustees impacted by the confinement? How indeed can we conduct field visits when that involves, when the economy is shut down to help get through the Covid health crisis? In order to support the profession in the face of these difficulties, the government issued ordinances on March 25 concerning trustees: in short, these ordinances ease the pressure on the obligation of GAs in this very particular period. Since then, the conditions for holding general meetings have been further adapted to be able to be done remotely. We will quote the text from the site: “ The co-owners can thus participate in the meeting

The co-owners can thus participate

by videoconference (without the need for the general meeting to have decided beforehand on the terms of its implementation) and vote by correspondence. ” This paragraph relaxes the rules, requested by certain trustees, to be able to keep AGs at a distance and thus be able to exercise their (noble) profession, despite the crisis. Unfortunately, the text mitigates this orientation, by creating in the following paragraph an exception: “The ordinance also provides for authorizing, in cases where recourse to videoconferencing would not be possible, that the trustee’s decisions be taken solely by means of postal voting . ” While the first part of the quoted text provides – or even promotes – an understandable

mature and practiced alternative solution to allow debates, the second part authorizes a solution that seems to us to be purely formal. Indeed, experience shows that involvement in the debate in a building is often annual, precisely during a GA. The vast majority of co-owners listen to the union council, with the trustee, present a situation, or even a project for the building. So, through the play of preliminary work and questions / answers in the session, the level of knowledge can be shared. It is this annual exchange made in session that sharpens the arguments, and helps to shed more light on the vote of each. How can we have this only in the case of a postal vote? empty room Trustee and digital The trustees – and their regulatory

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