When seised for the purpose of appointing a temporary administrator on the basis of Article 47, paragraph 1, of Decree No. 67-223 of 17 March 1967, the president of the tribunal judiciaire must assess the condition relating to the absence of a managing agent on the day he rules and not on the date of the application

Application pratique:

The court will check on the day of the hearing, not when you filed, whether a managing agent is now in place. If the co-owners have since appointed a new syndic, your request will be refused even though you applied when the desk was vacant. Before the hearing, verify the current status with the greffe (court clerk) or other co-owners. If an agent has been appointed, withdraw your application to save time and costs, and focus on working with the new syndic to resolve the repairs.

Application pratique:

The judge will assess the absence of a managing agent at the moment they rule, not at the time of your application. If, during the wait, the co-owners' meeting hastily elects a new syndic—even a temporary one—the court will dismiss your case. To avoid this, gather written confirmation from the syndicat des copropriétaires (co-ownership association) that no agent exists on the hearing date. If a new agent is about to be appointed, consider postponing the hearing or seeking an interim order to secure urgent works pending the appointment.

Application pratique:

The president of the tribunal judiciaire must refuse your application because, on the day they decide, there is no longer an absence of a managing agent. This decision confirms you cannot rely on the situation as it stood when you filed. To protect your interests, check the greffe's records just before the hearing; if a new agent is listed, you may ask for the case to be struck out. Going forward, document all delays and financial losses caused by the vacancy—you may have a claim against the former agent or the co-ownership for any damages.