CHAPTER VI : Administration of assets owned jointly by several municipalities.

The provisions of article L. 5222-1 are not applicable to the communes of the Moselle, Bas-Rhin and Haut-Rhin departments.

If several communes have undivided ownership of property or rights, it may, at the request of one of the communes, be set up by order of the State representative in the département a syndicate commission made up of delegates from the communes concerned for the administration of this undivided property. This decree sets the number of members.

Each municipal council appoints from among its members, by secret ballot, the number of delegates set by the instituting decision. The members who obtain the highest number of votes are appointed. The chairman of the syndicate commission is appointed from among its members by the State representative in the department.

The syndicate commission is formed anew after each renewal of the municipal councils. If, in the meantime, a member of the syndicate commission ceases to be a member of the municipal council, he or she ceases to belong to the commission at the same time.

The syndicate committee may be dissolved at any time by order of the State representative in the department. The State representative in the department may suspend or dismiss the chairman of the committee.

With regard to the administration of the common property and the execution of works relating thereto, the syndicate commission has all the powers attributed to the municipal council. The powers of the mayor are exercised by the president of the commission. With regard to the alienation of undivided property and rights, their pledging, divisions, acquisitions and transactions, the municipal councils concerned deliberate. They may authorise the chairman of the commission…

The corresponding provisions relating to municipal councils shall apply to the debates and deliberations of the syndicate commission.

The distribution between the interested communes of the expenditure decided by the syndicate commission is made by the municipal councils. In the event of disagreement between the municipal councils on the distribution of expenses, the State representative in the department decides. Expenditure charged to the municipalities is compulsory expenditure in respect of which, if necessary, action is taken in accordance with the provisions of article L. 1612-15.

If the communes concerned belong to different départements, the Minister of the Interior has the power to set up and dissolve the syndicate commission.