Updating ASL by-laws: A necessity for effective management

Free Trade Associations (Associations Syndicales Libres – ASL) play a fundamental role in the management of real estate assets and collective services, particularly in co-ownership properties and residential areas. They make it possible to manage shared spaces and services, such as access roads, car parks, green spaces and collective facilities. However, like any organisation, an ASL must regularly update its by-laws to adapt to legal, social and technical developments. Updating these by-laws is essential to ensure smooth, transparent management that complies with legislation, particularly the Ordinance of 1 July 2004.

The French Supreme Court (Cour de cassation) has already ruled on the loss of the right to take legal action due to the failure to update an ASL’s by-laws before the deadline of 5 May 2008. However, the Cour de cassation accepts subsequent regularisation, as confirmed by the ALUR Law of 24 March 2014.

1. The importance of updating by-laws

The by-laws of an ASL define its operating rules, members’ rights and obligations, as well as the management of the association’s finances and resources. Over time, legal requirements, residents’ needs or technical issues may evolve, making the by-laws outdated or unsuitable.

Regular updates make it possible to:

Ensure legal compliance:
The legislation governing ASLs changes over time, particularly regarding taxation, the liability of managers or co-ownership rules. Failure to update the by-laws may expose the ASL to legal risks or even penalties. Failure to update them may result in the loss of the right to take legal action, acquire, sell, exchange, settle disputes, borrow or even mortgage assets.

Meet members’ needs:
Residents or co-owners may develop new expectations regarding the management of common areas, collective services or infrastructure. The by-laws must reflect these changes in order to ensure fair and modern management.

Optimise management:
Technical or organisational changes within the ASL may require a review of internal procedures. For example, the introduction of new collective services (such as electric vehicle charging stations) or new equipment may require the by-laws to be adapted.

2. The procedure for updating by-laws

Updating the by-laws of an ASL is not a simple process, and the LEXSTONE AVOCATS law firm, located in Puget-sur-Argens and Rocbaron, assists you throughout this process. It requires thorough consultation with members, discussion of proposed amendments and a vote at a general meeting.

Depending on the scale of the changes, the by-laws must be amended in accordance with the rules established by the ASL itself. Generally, the following steps are followed:

Proposal of amendments:
A member or group of members proposes the amendments they wish to make to the by-laws, including their update.

Consultation and discussion:
Before a vote takes place, the proposed amendments must be discussed during a general meeting or a specific meeting.

Vote:
Once the amendments have been discussed and possibly modified, they are submitted to members for a vote. A quorum and qualified majority may be required for the adoption of changes.

Implementation:
Once approved by vote, the amendments are incorporated into the ASL’s official by-laws and internal regulations. Members must be informed, and administrative updates must be carried out.

3. Conclusion: updating by-laws requires effective and personalised support

Contact Maître CRÉPIN at LEXSTONE AVOCATS, who provides the following services as part of updating your ASL by-laws:

• Review of the original by-laws,
• Preparation of draft updated by-laws,
• Assistance during the general meeting and drafting of the minutes,
• Publication of the new by-laws and completion of declaration formalities with the Prefecture.

Rigorous and modern management of by-laws strengthens the long-term sustainability of the association and the satisfaction of its residents.