ORDER OF JULY 1, 2004 RELATING TO UNION ASSOCIATIONS OF OWNERS
General texts
Ministry of the Interior, Internal Security and Local Freedoms
Ordinance n ° 2004-632 of July 1, 2004 relating to trade union associations of
NOR owners : INTX0400093R
The President of the Republic,
On the report of the Prime Minister and the Minister of the Interior, Internal Security and Local Freedoms,
Having regard to the Constitution, in particular its article 38;
Having regard to the commercial code;
Having regard to the construction and housing code, in particular its article L. 214-5;
Having regard to the environmental code;
Considering the code of expropriation for public utility;
Having regard to the forest code;
Having regard to the general code of local authorities;
Having regard to the code of financial jurisdictions, in particular its article L. 211-2;
Considering the rural code;
Having regard to the labor code;
Having regard to the town planning code;
Having regard to the road highway code, in particular its article L. 162-6;
Considering article 2 of the law of December 13, 1902 concerning the measures to be taken against forest fires;
Considering the law of July 22, 1912 relating to the cleaning up of private roads, modified by ordinance n ° 58-928 of October 7, 1958, ordinance n ° 59-71 of January 7, 1959 and law n ° 89- 413 of June 22, 1989;
Considering the amended law n ° 65-557 of July 10, 1965 fixing the status of the co-ownership of built buildings, in particular its articles 19 and 20;
Considering the law n ° 84-595 of July 12, 1984 defining the rental-accession to the real estate property, modified by the law n ° 93-949 of July 26, 1993 and the law n ° 94-624 of July 21, 1994, in particular its article 33;
Considering the law n ° 85-704 of July 12, 1985 modified relating to the public project management and its relationship with the private project management;
Considering the law n ° 2003-591 of July 2, 2003 empowering the Government to simplify the law, in particular its articles 12 and 36;
Considering the letter of referral from the General Council of Saint-Pierre-et-Miquelon of May 19, 2004;
Having regard to the referral letter from the Mayotte General Council of May 18, 2004;
Having regard to the referral letter from the Territorial Assembly of the Wallis and Futuna Islands of May 27, 2004;
The Council of State heard; Having
heard the Council of Ministers,
Orders:
TITLE I
COMMON PROVISIONS
Article 1
The construction or maintenance of works or the carrying out of works with a view to:
a) Preventing natural or health risks, pollution and nuisances may be the subject of a trade union association of owners ;
(b) To preserve, restore or exploit natural resources;
c) To develop or maintain watercourses, lakes or bodies of water, various ways and networks;
d) To develop properties.
Article 2
The trade union associations of owners are free, authorized or constituted ex officio.
Free trade union associations are legal persons governed by private law governed by the provisions of Title II of this Ordinance.
The trade union associations authorized or constituted ex officio as well as their unions are public administrative establishments, governed by the provisions of titles III to V of this ordinance and by article L. 211-2 of the code of financial jurisdictions.
Article 3
The rights and obligations which derive from the constitution of a trade union association of owners are attached to the buildings included in the perimeter of the association and follow them, in whatever hand they pass, until the dissolution of the association or the reduction of its perimeter.
In case of usufruct, the bare owner is the only member of the association. He informs the usufructuary of the creation or existence of the association and of the decisions taken by it. However, he may agree with the usufructuary that he alone will become a member of the association and will inform him of the decisions taken by it.
When transferring property included in the scope of a trade union association, notice of the transfer must be given, under the conditions provided for in Article 20 of Law No. 65-557 of July 10, 1965 establishing the status of the co-ownership of built buildings, to the association which may object under the conditions provided for in said article to obtain payment of the sums remaining due by the former owner.
Article 4
The president of the trade union association of owners keeps up to date the nominative list of the owners of the buildings included in the perimeter of this one as well as the plot plan. To this end, any change in the ownership of a building included in the perimeter of the association is notified to it by the notary who takes note of it.
The owner of a building included in the perimeter of a trade union association of owners must, in the event of transfer of ownership, inform the future owner of this inclusion and of the possible existence of easements. He must inform the tenant of this building of this inclusion and these easements.
Article 5
The trade union associations of owners may take legal action, acquire, sell, exchange, transact, borrow and mortgage, subject to the completion of the publicity formalities provided for in articles 8, 15 or 43.
Article 6
Claims of any kind by a union association of owners against one of its members are guaranteed by a legal hypothec on the buildings of this member included in the perimeter of the association.
The conditions for registration and release of this mortgage are those provided for in the first three paragraphs of article 19 of the aforementioned law of July 10, 1965.
TITLE II
FREE TRADE UNION ASSOCIATIONS
Article 7
Free trade union associations are formed by unanimous consent of the owners concerned, recorded in writing.
The statutes of the association define its name, its object, its seat and its operating rules. They include the list of buildings included in its perimeter and specify its financing methods and the method of collecting contributions.
Article 8
The declaration of the free trade union association is made to the prefecture of the department or to the sub-prefecture of the district where the association plans to have its headquarters. Two copies of the articles of association are attached to the declaration. A receipt thereof is given within five days.
An extract from the articles of association must, within one month from the date of issue of the receipt, be published in the Official Journal.
Under the same conditions, the association makes known within three months and publishes any modification made to its statutes.
The omission of these formalities cannot be opposed to third parties by the members of the association.
Article 9
The free trade union association is administered by a union made up of members elected from among the owners who are members of the association or their representatives under the conditions set by the statutes.
The union regulates, through its deliberations, the affairs of the association.
Article 10
Free trade union associations may, at the end of a period of one year from the completion of the formality prescribed by the second paragraph of article 8 and by deliberation adopted by the assembly of owners under the conditions majority provided for in Article 14, ask the competent administrative authority in the department where they have their headquarters to be transformed into authorized trade union associations. The procedure is then as stated in Articles 12, 13 and 15.
If authorized, the conversion does not result in the creation of a new legal person. It intervenes free of charge and does not give rise to the payment of any compensation, duty, tax, salary or fees.
TITLE III
AUTHORIZED TRADE UNION ASSOCIATIONS
Chapter I
Creation
Article 11
One or more interested owners, a local authority or a group of local authorities can request the creation of an authorized trade union association.
The request is addressed to the competent administrative authority in the department where the association plans to have its headquarters. It is accompanied by a draft statute in accordance with the provisions of the second paragraph of article 7.
In addition, the administrative authority can take the initiative of creating an authorized trade union association.
Article 12
The administrative authority submits the draft statutes of the authorized trade union association to a public inquiry.
When, by reason of their nature, their consistency or their location, the structures or works envisaged are likely to affect the environment, this investigation is carried out under the conditions set out in Articles L. 123-1 to L 123-16 of the environment code. When the association’s missions concern installations, structures, works or activities provided for in Article L. 214-1 of the Environment Code, this investigation is carried out under the conditions provided for in Articles L. 214-2 to L. 214-10 of the same code.
The act ordering the opening of the investigation is notified to each owner of a building likely to be included in the perimeter of the future association.
Article 13
The act ordering the opening of the investigation provided for in article 12 organizes the consultation of the owners, which takes place at the end of the investigation.
An owner who, duly informed of the consequences of his abstention, does not expressly oppose the project is deemed to be in favor of the creation of the association.
The procedures for consulting owners are defined by the Council of State decree provided for in article 62.
Article 14
The creation of the trade union association may be authorized by the administrative authority when the majority of owners representing at least two-thirds of the area of the properties or two-thirds of the owners representing more than half of the area of the properties have expressed their views. favorably.
Article 15
The act authorizing the creation of the trade union association is published, posted in each municipality on the territory of which the perimeter of the association extends, notified to the owners mentioned in the third paragraph of article 12 and transmitted to the office of the retention of mortgages under conditions defined by the decree of the Council of State provided for in article 62.
The act refusing to authorize the creation of the trade union association is notified to the owners mentioned in the third paragraph of article 12 .
Article 16
In the event of cancellation of the act authorizing the creation of the authorized trade union association, the administrative authority may, in the event that the cancellation would not have the effect of prohibiting the reconstitution of this association, appoint an administrator provisional.
Otherwise, it appoints a liquidator under the conditions provided for in article 42 for the exercise of the missions defined in this article.
Article 17
The owner who has expressly expressed himself against the proposed creation of an authorized trade union association may, within three months from the notification of the act authorizing this creation, declare that he intends to abandon one or more of the buildings belonging to it and included in the perimeter of the association.
This abandonment gives rise to the right, at the expense of the association, to compensation. In the absence of agreement between the owner and the association, the compensation is fixed according to the procedural rules of the code of expropriation for public utility.
Chapter II
Organs and functioning
Section 1
Organs
Article 18
The organs of the association are the assembly of owners, the union, the president and the vice-president.
Subject to the powers of the assembly of owners, the union regulates, through its deliberations, the affairs of the authorized union association.
Sub-section 1
The owners’ meeting
Article 19
The owners’ assembly of an authorized trade union association brings together the owners in compliance with the statutory provisions which may define a minimum interest threshold allowing them to sit there. Owners who do not individually reach this threshold can meet to be represented at the general meeting. An owner can mandate any person of his choice to represent him.
The owners’ assembly meets in ordinary or extraordinary session and deliberates under conditions defined by the decree of the Council of State provided for in article 62.
Article 20
The owners’ assembly elects the members of the union as well as their substitutes and deliberates on:
a) The report provided for in article 23, during its ordinary session;
b) The maximum amount of loans that can be voted by the union and loans of a higher amount;
c) Proposals for statutory modification or dissolution in the cases provided for in Articles 37 to 40;
d) Membership in a union or merger with another authorized or automatically constituted trade union association;
e) Any matter submitted to it by virtue of a law or regulation.
Sub-section 2
The union
Article 21
The union is composed of members elected by the assembly of owners within it under the conditions set by its statutes.
Any owner who is a member of the association or his representative can be a member of the union.
Sub-section 3
The president and the vice-president
Article 22
The president and the vice-president are elected by the union from among its members under the conditions provided for by the statutes of the association. Their mandate ends with that of the union members. The union can dismiss them in the event of failure to meet their obligations.
The vice-president replaces the president in case of absence or incapacity.
Article 23
The president prepares and executes the deliberations of the assembly of owners and the union. He convenes and chairs the meetings.
He is the head of the association’s services and its legal representative. He is the authorizing officer.
He may delegate some of his powers to a director appointed by him and placed under his authority.
The president prepares a report on the activity of the association and its financial situation, under the conditions set by the decree of the Council of State provided for in article 62.
Section 2
Operation of the trade union association
Sub-section 1
Staff
Article 24
The agents of the authorized trade union associations are contractual agents of public law. The recruitment of these agents does not give them any right to be established in the public service. Trade union associations may also call on private law agents with whom they conclude fixed-term and indefinite contracts, on the basis of their competence.
Sub-section 2
Legal regime of acts of the trade union association
Article 25
The deliberations of the assembly of owners and the union and the acts taken by the president of the association or the director are, under conditions set by the decree in the Council of State provided for in article 62, transmitted to the competent administrative authority in the department where the association has its headquarters and made enforceable.
Section 3
Execution of works and structures
Article 26
The conditions under which contracts are awarded and executed by authorized trade union associations are defined by the Council of State decree provided for in article 62.
Article 27
The provisions of Law No. 85-704 of July 12, 1985 relating to public project management and its relationship with private project management are applicable to authorized trade union associations.
Article 28
The system of establishment, development, passage and support easements provided for in Articles L. 152-1 to L. 152-23 of the Rural Code and in Article L. 321- is applicable to authorized trade union associations. 5-1 of the forest code.
In addition, a right of way can be instituted for the maintenance of works which cross, even outside the perimeter of the association, courtyards, gardens, parks and enclosures, whether or not they are adjoining dwellings.
Article 29
The authorized trade union association is the owner of the works that it carries out as project owner within the framework of its statutory object and, as such, ensures their maintenance. However, the statutes may provide, for certain categories of works, that their ownership or maintenance may be attributed to one or more members of the association.
Article 30
The administrative authority may, after formal notice from the authorized trade union association which has remained without effect within a time limit that it determines:
1 ° Have the work carried out ex officio, at the association’s expense, with the execution of the work corresponding to its object, in the event that the failure of the association would seriously harm the public interest;
2 ° To note that the importance of the works or works to be carried out exceeds the capacities of the association.
In the case provided for in the previous paragraph, the State, local authorities or their groups may decide, under conditions defined by the decree of the Council of State provided for in Article 62, to replace themselves, in whole or in part. , to the association in its rights and obligations.
Chapter III
Financial provisions
Article 31
I. – The resources of an authorized trade union association include:
1 ° The fees owed by its members;
2 ° Donations and bequests;
3 ° The proceeds from the sale of assets;
4 ° Subsidies of various origins;
5 ° Income from movable or immovable property of the association;
6 ° The proceeds of loans;
7 ° Where applicable, depreciation, provisions and available income from the investment section;
8 ° Any other product relating to the missions defined in the articles of association.
II. – Union fees are established annually and distributed among the members according to the bases for the distribution of expenses determined by the union. These bases take into account the interest of each property in the performance of the association’s missions.
Special union fees are established for all expenses relating to the financial execution of judgments and transactions.
Article 32
The funds of authorized trade union associations must be deposited with the State, except for exceptions defined by the decree of the Council of State provided for in article 62.
Article 33
The budget of the association must be voted in real balance. It is sent to the competent administrative authority in the department where the association has its headquarters.
Article 34
The recovery of the trade union association’s debts is carried out as in the case of direct contributions.
The action of the public accountants responsible for recovering debts is prescribed by four years from the assumption of the title of receipts.
Article 35
It is created in favor of authorized trade union associations, for the recovery of royalties for the past year and the current year, on harvests, fruits, rents and income from land included in the perimeter a privilege which ranks immediately after that. of the land tax and is exercised in the same forms.
Article 36
The other budgetary and accounting provisions applicable to authorized trade union associations are defined by the Council of State decree provided for in article 62.
Chapter IV
Modification of the initial conditions
and dissolution
Section 1
Modification of the initial conditions
Article 37
I. – A proposal for a statutory amendment extending the perimeter of an authorized trade union association or changing its object may be presented at the initiative of the trade union, a quarter of the associated owners, a local authority or a grouping of local authorities on whose territory this perimeter extends or of the competent administrative authority in the department where the association has its headquarters. The extension of the perimeter can also be initiated at the request of owners whose buildings are not included in the perimeter.
The proposed modification is submitted to the owners’ meeting. When the majority, as defined in article 14, of the members of the assembly decides in favor of the envisaged modification, the administrative authority orders a public inquiry in accordance with the provisions of article 12.
When it is a question of extending the perimeter, the administrative authority consults the owners of the buildings likely to be included in the perimeter under the conditions provided for in articles 13 and 14.
II. – However, a public inquiry is not carried out and the proposed modification is submitted to the union, which decides by a majority of its members, when the envisaged extension relates to an area not exceeding a percentage, defined by the decree in Council of State provided for in article 62, of the area included in the perimeter of the association and that the adhesion of each owner of the buildings likely to be included in the perimeter as well as, at the request of the administrative authority, the opinion of each interested municipality.
III. – The authorization to modify the statutes may be pronounced by an act of the administrative authority published and notified under the conditions provided for in article 15.
Article 38
The building which, for any reason whatsoever, no longer has any definitive interest in being included in the perimeter of the authorized union association, may be removed from it. The distraction request comes from the administrative authority, the union or the owner of the building.
The entertainment proposal is submitted to the owners’ meeting. If the reduction in perimeter relates to an area as defined in II of article 37, the owners’ meeting may decide that the proposed distraction will only be the subject of a deliberation by the union.
When the owners’ meeting, under the majority conditions provided for in article 14, or, in the hypothesis mentioned in the previous paragraph, the majority of the members of the syndicate have voted in favor of the contemplated distraction, l The administrative authority may authorize this by an act published and notified under the conditions provided for in article 15.
The owners of the distracted funds remain liable for the share of the loans contracted by the association during their membership until full reimbursement. of these.
The distraction does not affect the existence of the easements described in article 28 as long as they remain necessary for the accomplishment of the missions of the association or for the maintenance of the works of which it uses.
Article 39
Statutory modifications other than those provided for in Articles 37 and 38 are subject, on the proposal of the union or of one tenth of the owners, to a deliberation by the assembly of owners convened in an extraordinary session for this purpose.
The corresponding deliberation is sent to the administrative authority which can authorize the modification of the articles of association by an act published and notified under the conditions provided for in article 15.
Section 2
Dissolution
Article 40
An authorized trade union association can be dissolved, by act of the administrative authority, at the request of the members of the association who decide under the majority conditions provided for in article 14.
It can, in addition, be dissolved by office by reasoned act of the administrative authority:
a) Either in the event of the disappearance of the object for which it was constituted;
b) Or when, for more than three years, it has had no real activity related to its purpose;
c) Or when its maintenance is an obstacle to the realization of projects of public interest in a larger perimeter than that of the association;
d) Or when it experiences serious and persistent difficulties hindering its functioning.
Article 41
The act declaring the dissolution is published and notified under the conditions provided for in article 15.
Article 42
The conditions under which the authorized trade union association is dissolved as well as the devolution of liabilities and assets are determined either by the trade union or, failing that, by a liquidator appointed by the administrative authority. They must take into account the rights of third parties. They are mentioned in the act pronouncing the dissolution.
The owners who are members of the association are liable for the debts of the association until their total extinction.
TITLE IV
UNION ASSOCIATIONS
MADE OF OFFICE
Article 43
For the works or works mentioned in a to c of article 1 for which there is a legal obligation incumbent on the owners and if an authorized trade union association could not be formed, the administrative authority may automatically constitute an association. union bringing together all interested owners.
In all cases, the association’s constitution project is submitted to a public inquiry.
The deed establishing the association’s automatic constitution is published and notified under the conditions provided for in article 15. It includes in particular the provisions relating to the scope of the association, its object, the mode of execution of the works. as well as the methods of distributing expenses according to the degree of interest of each of the properties in the execution of the work. He calls the first owners’ meeting at which the union members will be appointed.
When the owners’ assembly fails to appoint the members of the union, the administrative authority does so ex officio, if necessary, apart from the members of the association.
In the event of deficiency, the administrative authority may, after formal notice has remained ineffective within a period of one month, substitute in all their acts for the failing bodies of the trade union association automatically constituted.
Article 44
A trade union association constituted ex officio may request, by deliberation of its assembly of owners adopted under the majority conditions provided for in article 14, to be transformed into an authorized trade union association.
The transformation can be pronounced by the administrative authority when the members of the union have been appointed by the assembly of owners and when the association has been functioning normally for at least one fiscal year.
Article 45
The dissolution of an automatically constituted trade union association can only be decided on the initiative of the administrative authority.
Article 46
The other provisions governing authorized trade union associations are applicable to trade union associations formed ex officio.
TITLE V
UNION AND MERGER
Article 47
To facilitate their management or with a view to the execution or maintenance of works or works of common interest, authorized or automatically constituted trade union associations may form unions. A union is formed on the request made to the competent administrative authority in the department where the union has planned to have its seat by one or more of these associations.
Membership in the union of an authorized or automatically constituted trade union association is given by the assembly of owners under the majority conditions provided for in article 14.
The competent administrative authority in the department where the union has planned to have its headquarters may, in view of the consent of the candidate associations, authorize by an act published and notified under the conditions provided for in Article 15, the constitution of the union whose statutes must comply with the provisions of article 7.
The union has as organs an assembly of associations, a union and a president.
The assembly of associations is made up of full and alternate delegates elected from among their members by the unions of each of the member associations.
The other provisions governing authorized trade union associations are applicable to unions.
Article 48
Two or more authorized or automatically constituted trade union associations may be authorized, at their request or at the request of any person having the capacity to create an authorized trade union association, to merge into an authorized trade union association.
The request is addressed to the competent administrative authority in the department where the future association plans to have its headquarters.
The merger may be authorized by act of the administrative authority when the assembly of owners of each association called upon to merge has voted favorably under the majority conditions provided for in article 14.
TITLE VI
PROVISIONS RELATING TO ASSOCIATIONS
GOVERNED BY SPECIAL TEXTS
Chapter I
Provisions relating to
private road sanitation unions
Article 49
The law of July 22, 1912 referred to above is amended as follows:
I. – In article 2, the words: “and in the other municipalities of the Seine department of the district hygiene and sanitation commission,” are deleted.
II. – In article 3, the first paragraph is replaced by the following provisions:
“The union may be formed at the request of the majority of owners as defined in article 14 of ordinance n ° 2004- 632 of July 1, 2004 relating to trade union associations of owners. ”
III. – In Article 5, the words: “in Articles L. 26 and following” are replaced by the words: “in Articles L. 1331-26 and following”.
IV. – In Article 6, the words:
V. – In article 10, the words: “given by the prefecture council” are deleted.
VI. – In article 12, the words: “article 14 of the law of June 21, 1865, amended by article 6 of the law of December 22, 1888” are replaced by the words: “article 17 of l ‘Ordinance of July 1, 2004, cited above ”.
VII. – After article 16, an article 17 and an article 18 are added as follows:
“Art. 17. – The union may be dissolved, by order of the prefect, at the request of its members who decide under the majority conditions provided for in article 3 or that of the mayor (s) of the municipalities concerned.
“It can be dissolved automatically, by reasoned order of the prefect, in the event of disappearance of the object for which it was constituted, in particular after classification of the private road in the public domain.
“The owners’ meeting puts an end to the trustee’s mandate at the end of the liquidation operations. If it fails to do so, the trustee’s mandate is terminated by court decision at the request of the prefect.
“Art. 18. – The conditions under which the union is dissolved as well as the devolution of liabilities and assets are determined by the trustee or, failing that, by a liquidator appointed by court decision at the request of the prefect. They must take into account the rights of third parties.
“They are mentioned in the act pronouncing the dissolution.
“The owners who are members of the syndicate are liable for the debts of the association until their total extinction. ”
Article 50
In article L. 162-6 of the road network code, the words: “in articles 2 to 16” are replaced by the words: “in articles 2 to 18”.
Chapter II
Provisions relating to
urban land associations
Article 51
The town planning code is amended as follows:
I. – In article L. 322-1, the words: “the law of June 21, 1865 and subsequent texts” are replaced by the words: “ordinance no. ° 2004-632 of July 1, 2004 relating to trade union associations of owners ”.
II. – In article L. 322-2 (5 °), the words: “and articles 10, 20 and 38-1 of decree n ° 53-960 of 30 September 1953 as amended” are replaced by the words: “and Articles L. 145-6, L. 145-18 and L. 145-28 of the Commercial Code ”.
III. – The first four paragraphs of Article L. 322-3 are replaced by the following provisions:
“The administrative authority may authorize an urban land association if the following conditions are met:
“1 ° By way of derogation from the provisions provided for in article 14 of the aforementioned ordinance of 1 July 2004:
” a) For the work specified in 1 °, 2 ° and 5 ° of article L. 322-2, the at least two thirds of the owners holding together at least two thirds of the area have joined the association;
“B) For the work specified in 3 ° of article L. 322-2, the majority of owners together owning at least half of the area have joined the association;
“C) For the operations specified in 6 ° of article L. 322-2, all owners have joined the association; “.
IV. – The provisions of Article L. 322-4-1 are replaced by the following provisions:
“Art. L. 322-4-1. – The president of the urban land association exercises the powers defined by article 23 of the aforementioned ordinance of July 1, 2004. He may be assisted by a natural or legal person, acting as a service provider. The contract concluded for this purpose defines the missions and the mode of remuneration of the service provider. It is concluded under the conditions defined by the decree issued for the application of article 26 of the aforementioned ordinance of July 1, 2004. ”
V. – In the first and second paragraphs of Article L. 322-5, the words:” of one month “are replaced by the words:” of three months “.
VI. – In the third paragraph of article L. 322-6, the words: “the ordinance n ° 58-997 of 23 October 1958 modified” are replaced by the words: “the code of expropriation for utility public ”.
In the seventh paragraph of article L. 322-6, the words: “If the extinguished lease was subject to the provisions of decree n ° 53-960 of September 30, 1953, the urban land association will owe the lessee an indemnity calculated according to the rules set by this decree ”are replaced by the words:“ If the extinguished lease was subject to the provisions of Chapter V of Title IV of Book I of the Commercial Code, the urban land association will owe the lessee compensation calculated according to the rules set. by these provisions ”.
In the eighth paragraph of article L. 322-6, the words: “The jurisdiction established in article 12 of ordinance n ° 58-997 of 23 October 1958” are replaced by the words: “The jurisdiction provided for in article L. 13-1 of the code of expropriation for reasons of public utility ”.
VII. – In the second paragraph of article L. 322-7, the words: “the ordinance n ° 58-997 of October 23, 1958 modified” are replaced by the words: “the code of the expropriation for cause of utility public ”.
VIII. – In the first sentence of Article L. 322-9, the words: “for less than five years” are deleted.
IX. – In Article L. 322-10, the words: “local authorities” are replaced by the words: “local authorities”.
X. – In the second paragraph of article L. 322-11, the words: “the first paragraph of article 12 of the law of June 21, 1865 on trade union associations of owners” are replaced by the words: “l ‘article 14 of the aforementioned ordinance of July 1, 2004 ”.
Chapter III
Provisions relating to
rural trade union associations
Article 52
Book I of the Rural Code is amended as follows:
I. – Article L. 131-1 is replaced by the following provisions:
“Art. L. 131-1. – The land associations governed by this title are subject to the regime provided for by ordinance n ° 2004-632 of July 1, 2004 relating to trade union associations of owners, subject to the exemptions provided for in the following chapters. ”
II. – The 1 ° of article L. 133-5 is replaced by the following provisions:
“1 ° Continue the construction or maintenance of the works or the carrying out of the works provided for in article 1 of the ordinance of July 1 2004 cited above. ”
III. – The first paragraph of Article L. 133-6 is replaced by the following provisions:
“If the operations provided for in article L. 133-5 concern all the properties included in the consolidation scope, a general meeting of owners is called. The work plan is adopted under the conditions provided for in article 14 of the aforementioned ordinance. If the works concern only part of the properties, only the interested owners are convened in a general assembly which decides under the conditions above. ”
IV. – After article L. 133-6, an article L. 133-7 is created as follows:
“Art. L. 133-7. – In the event of application of the provisions of Article L. 123-24, after the closure of the land development operation and upon the transfer of ownership of the large public structure to the contracting authority, the distraction of the he influence of this work of the perimeter of the land consolidation association is by law without there being any need to apply the provisions of article 38 of the aforementioned ordinance of July 1, 2004. ”
V. – In article L. 135-3, the words:” article 11 of the law of June 21, 1865 on trade union associations “are replaced by the words:” article 13 of the ordinance of July 1, 2004 cited above ”.
VI. – In article L. 135-3-1, the words: “convened under the conditions provided for in article 11 of the law of June 21, 1865” are replaced by the words: “under the conditions provided for in article 13 of the aforementioned ordinance of July 1, 2004 ”.
VII. – In article L. 135-6, the words: “in the fourth paragraph of article 26 of the aforementioned law of June 21, 1865” are replaced by the words: “in article 43 of the ordinance of the 1st July 2004 cited above ”.
VIII. – In the first paragraph of article L. 135-7 are inserted after the words: “pastoral may”, the words: “, at the request of the owner,”.
IX. – In article L. 135-12, the words: “the law of June 21, 1865” are replaced by the words: “the ordinance of July 1, 2004″.
X. – The first paragraph of Article L. 136-4 is replaced by the following provisions:
“The administrative authority submits the draft constitution of an authorized agricultural land association to the public inquiry and consultation provided for in Articles 12 and 13 of the aforementioned ordinance of July 1, 2004. ”
XI. – In 1 ° of article L. 136-7 and in the first paragraph of article L. 136-7-1 the words: “article 11 of the law of June 21, 1865” are replaced by the words: “Article 13 of the ordinance of July 1, 2004”.
XII. – In article L. 136-13, the words: “the law of June 21, 1865” are replaced by the words: “the ordinance of July 1, 2004”.
XIII. – In article L. 151-6, the words: “article 14 of the law of June 21, 1865 on trade union associations” are replaced by the words: “article 17 of the ordinance of July 1, 2004 aforementioned ”.
XIV. – In article L. 151-41, the words: “rural equipment work listed in article 1 of the law of June 21, 1865 on trade union associations” are replaced by the words: ” rural equipment falling within the scope of article 1 of the aforementioned ordinance of July 1, 2004 ”.
XV. – In b of article L. 161-6 and in the first paragraph of article L. 161-7, the words: “of article 1 (10 °) of the law of June 21, 1865” are replaced by the words: “from c of article 1 of
XVI. – In the second paragraph of article L. 161-11, the words: “article 1 (10 °) and title III of the law of June 21, 1865” are replaced by the words: “the c of article 1 and title III of the ordinance of July 1, 2004 ”.
Article 53
The Forest Code is amended as follows:
I. – The title of Chapter VII of Title IV of Book II is completed by the words: “and protection of forest stands against damage due to game”.
II. – In the third paragraph of article L. 247-1, the words: “the law of June 21, 1865 on trade union associations” are replaced by the words: “the ordinance n ° 2004-632 of July 1, 2004 relating to trade union associations of owners ”.
III. – After article L. 247-7, an article L. 247-8 is created as follows:
“Art. L. 247-8. – In order to protect forest stands against damage caused by game, free trade union associations may be created under the conditions provided for by the aforementioned ordinance of 1 July 2004. The statutes of the trade union association provide for the modalities according to which it represents its members with the administrative authority competent for the allocation of the hunting plan as well as with the departmental federations of hunters. ”
IV. – Article L. 321-2 is thus amended:
1 ° In the second paragraph, the words: “the law of June 21, 1865 relating to trade unions” are replaced by the words: “the aforementioned ordinance of July 1, 2004″ ;
“The provisions of articles 30 and 40 of the aforementioned ordinance of July 1, 2004 are applicable. ”
V. – In Articles L. 321-3, L. 321-8, L. 322-3 and L. 424-3, the words:” the law of June 21, 1865 “are replaced by the words:” the ordinance of July 1, 2004 ”.
Chapter IV
Provisions relating to the departmental association for the development of Isère, Drac and Romanche
Section 1
General provisions
Article 54
I. – The departmental association for the development of Isère, Drac and Romanche is a public administrative establishment set up for the development and maintenance of the system of protection against floods and sanitation of the plains of Isère, Drac and Romanche.
The association is also empowered to provide services related to its purpose for the benefit of any public entity, including outside its scope.
II. – The departmental association brings together the department of Isère, the municipalities of this department or their groups and associations or unions of trade union associations, authorized or constituted ex officio, of owners of buildings included in its perimeter.
III. – The competent administrative authority in the department of Isère draws up the list of flood protection and sanitation works in Isère, Drac and Romanche carried out within the perimeter of the departmental association on the basis of of the law of July 27, 1930 and subsequent texts and handed over to the latter, either by one of its members, or by the State, or by any other contracting authority.
IV. – The departmental association is subject to the provisions of Chapters II, III and IV of Title III of this ordinance, subject to the provisions of this chapter.
Section 2
Organs and functioning
Article 55
I. – The organs of the departmental association are:
a) The general assembly made up of representatives of the three categories of public persons who are members of the association;
b) The committee composed of members elected from among its members by the general assembly and divided into three colleges;
c) The president and two vice-presidents, elected from among its members by the committee.
II. – The general assembly, the committee and the president respectively exercise the powers of the assembly of owners, the union and the president of an authorized union association as defined in articles 20, 18 and 23.
Section 3
Financial provisions
Article 56
I. – The resources of the departmental association are those of the authorized trade union associations, subject to the provisions of this article.
II. – The departmental association receives the contributions of its members as defined by the statutes and the product of the services mentioned in the second paragraph of I of article 54.
III. – The department of Isère covers half of the expenses of the departmental association. The other half is then distributed among the other members under the conditions provided for by the statutes. The services provided are subject to accounting individualization.
IV. – The payment of contributions constitutes an obligatory expense for the local authorities and member associations of the departmental association.
V. – The departmental association is eligible for the compensation fund for value added tax under the conditions provided for in articles L. 1615-1 to L. 1615-11 of the general code of local authorities.
Section 4
Dissolution
Article 57
The dissolution of the departmental association can only be decided by the administrative authority. It can only be pronounced on the condition that another public person takes the place of the association in the exercise of its missions.
TITLE VII
MISCELLANEOUS
AND TRANSITIONAL PROVISIONS
Article 58
The law of June 21, 1865 relating to trade union associations and the law of August 5, 1911 relating to authorized trade union associations are repealed except as regards French Polynesia and New Caledonia.
Article 59
The law of July 27, 1930 relating to the execution of development works of the containment and sanitation system of the plains of Isère, Drac and Romanche (Grésivaudan and Oisans), the law of November 30, 1941 relating to the development and sanitation of the plains of Isère, Drac and Romanche (Grésivaudan and Oisans) and the law of December 31, 1948 validating, by supplementing some of its provisions, the law of November 30, 1941 are repealed.
Article 60
I. – The trade union associations of owners constituted by virtue of the laws of August 12 and 20, 1790, 14 Floréal year XI, September 16, 1807, June 21, 1865 and April 8, 1898 are governed by the provisions of this ordinance.
However, their statutes in force on the date of publication of this ordinance shall remain applicable until they are brought into conformity with the provisions thereof. This compliance must take place within two years from the publication of the decree in the Council of State provided for in article 62. It is approved by an act of the administrative authority. Failing this and after formal notice sent to the president of the association and which has no effect at the expiration of a period of three months, the administrative authority automatically proceeds with the necessary statutory modifications.
II. – The provisions of the second paragraph of I are applicable to the land associations mentioned in Articles L. 322-1 of the Town Planning Code and L. 131-1 of the Rural Code.
III. – The departmental association for the development of Isère, Drac and Romanche has a period of one year from the publication of the decree in the Council of State provided for in article 62 to adopt statutes comply with the provisions of Chapter IV of Title VI. Until the expiry of this period, it remains governed by the laws and regulations in force on the date of publication of this ordinance.
Article 61
I. – In article 33 of law n ° 84-595 of July 12, 1984 defining rental-purchase of real estate, the words: “the law of June 21, 1865 on trade union associations” are replaced by the words : “The ordinance n ° 2004-632 of July 1st, 2004 relating to the trade union associations of owners”.
II. – In article L. 214-5 of the construction and housing code, the words: “the law of June 21, 1865” are replaced by the words: “the ordinance n ° 2004-632 of July 1 2004 relating to trade union associations of owners ”.
III. – In the second paragraph of Article L. 212-5 of the Environment Code, the words: “of trade union associations under the law of June 21, 1865 on trade union associations” are replaced by the words: “of free trade union associations of the ordinance n ° 2004-632 of July 1st, 2004 relating to the trade union associations of owners ”.
Article 62
The modalities of application of this ordinance are fixed by decree in Council of State, in particular:
1 ° The determination of the administrative authority competent for the creation, the transformation or the dissolution of an authorized trade union association and the modalities of transmission to this authority of the acts of this association;
2 ° The terms of the public inquiry and the consultation of owners provided for in Articles 12 and 13;
3 ° The terms of publication of the act authorizing the creation of an authorized trade union association;
4 ° The modalities of meeting and deliberation of the assembly of owners;
5 ° The representation in an advisory capacity within the union of organizations granting subsidies;
6 ° The conditions for preparing the report provided for in Article 23;
7 ° The conditions for the award and execution of contracts for an authorized trade union association;
8 ° The modalities of the substitution, provided for in article 30, of the State, of a local authority or of a group of local authorities, for an authorized trade union association;
9 ° Exemptions from the obligation to deposit funds provided for in article 32;
10 ° The budgetary and accounting provisions provided for in Articles 33 to 36 and 56;
11 ° The definition of the area below which it is possible to resort to a simplified procedure of extension or reduction of the perimeter of an authorized trade union association.
TITLE VIII
SPECIAL PROVISIONS RELATING
TO MAYOTTE AND THE WALLIS AND FUTUNA ISLANDS
Chapter I
Provisions applicable to Mayotte
Article 63
Articles 1 to 11, the first and third paragraphs of article 12, articles 13 to 26, 28 to 48, 58, 60 and 62 are applicable to Mayotte, subject to the measures provided for in this chapter.
Article 64
I. – For the application of this ordinance in Mayotte, the terms listed below are replaced as follows:
– “department” by “departmental authority”;
– “tribunal de grande instance” by “tribunal de première instance”.
II. – For the application to Mayotte of article 28, the words: “provided for in articles L. 152-1 to L. 152-23 of the rural code and in article L. 321-5-1 of the forest code” are replaced by the words: “provided for by the provisions applicable locally”.
Chapter II
Provisions applicable
to the Wallis and Futuna Islands
Article 65
Articles 1 to 11, the first and third paragraphs of Article 12, Articles 13 to 26, 28 to 48, 58, 60 and 62 are applicable to the Wallis and Futuna Islands subject to the measures provided for in this chapter.
Article 66
I. – For the application of this ordinance to the Wallis and Futuna Islands, the terms listed below are replaced as follows:
– “department” by “overseas collectivity”;
– “act of the administrative authority” by “decree of the senior administrator”;
– “tribunal de grande instance” by “tribunal de première instance”;
– “municipality” by “constituency”;
– “mayor” by “head of constituency”;
– “mortgage conservation office” by “registry of the court of first instance”.
II. – For the application to the Wallis and Futuna Islands of article 28, the words: “provided for in articles L. 152-1 to L. 152-23 of the rural code and in article L. 321-5-1 of forest code ”are replaced by the words:“ provided for by the provisions applicable locally ”.
Article 67
The Prime Minister, the Minister of the Interior, Internal Security and Local Freedoms, the Minister of Equipment, Transport, Regional Planning, Tourism and the Sea, the Minister of Agriculture , Food, Fisheries and Rural Affairs, the Minister of Ecology and Sustainable Development and the Overseas Minister are responsible, each in his own area, for the application of this ordinance, which will be published in the Official Journal of the French Republic.
