Co-ownership disputes in Belgium: general meeting, syndic and owners' association

If you own a flat, you are a member of the association of co-owners (vereniging van mede-eigenaars – VME / association des copropriétaires – ACP) and you are bound by its by-laws and by the decisions of the general meeting. Co-ownership disputes in Belgium are common: contested works, service-charge statements, a syndic who does not do the job, leaks from the common parts. The law on apartment co-ownership, which has been part of Book 3 of the Civil Code since 1 September 2021, offers a solution for each of these situations, but with strict time limits.

The association of co-owners and its bodies

The association of co-owners has legal personality and manages the building through its bodies:

• the general meeting, in which all co-owners sit and which takes the important decisions;
• the syndic (building manager; syndicus / syndic), who implements the decisions, handles day-to-day management and represents the association;
• the co-ownership council (raad van mede-eigendom / conseil de copropriété), mandatory in buildings with at least twenty lots, not counting cellars, garages and parking spaces, which ensures that the syndic performs his duties properly.

In addition, the general meeting appoints an auditor of the accounts (commissaris van de rekeningen / commissaire aux comptes) every year to check the association’s accounts.

The rules of the game are set out in the by-laws, consisting of the basic deed (basisakte / acte de base) and the co-ownership regulations, and in the internal rules (reglement van interne orde / règlement d’ordre intérieur). Read these documents first whenever a conflict arises: among other things, they determine which parts are private and which are common, and how the charges are allocated.

The general meeting and voting majorities

As a rule, the general meeting decides by an absolute majority of the votes of the co-owners present or represented. Certain decisions require a special majority: two thirds for most works to the common parts, and four fifths for, among other things, a change in the allocation of charges and acts of disposal concerning common immovable property. A few fundamental decisions, such as, as a rule, a change in the allocation of the co-ownership shares, require unanimity.

A decision taken in due form binds all co-owners, including those who were absent or voted against it. If you wish to put an item on the agenda yourself, you must ask the syndic in writing at least three weeks before the first day of the period in which the ordinary general meeting is to be held under the internal rules (Article 3.87 of the Civil Code).

Challenging a decision of the general meeting

Any co-owner may ask the court to annul or amend an irregular, fraudulent or abusive decision of the general meeting if it causes them personal prejudice (Article 3.92, § 3 of the Civil Code). The claim must be brought within four months of the date of the general meeting. This is a strict time bar (vervaltermijn / délai de forclusion): if you let it expire, you can as a rule no longer challenge the decision and remain bound by it.

Jurisdiction lies with the justice of the peace (vrederechter / juge de paix), who hears disputes concerning the management of a building in co-ownership regardless of the amount at stake. The claim is brought against the association of co-owners.

The court reviews the merits of a decision only marginally: it examines whether the general meeting stayed within the bounds of reasonable management, not whether another choice would have been better. If a minority of co-owners wrongly prevents the general meeting from taking a decision by the required majority, any co-owner who is prejudiced may ask the court to take the required decision itself in place of the general meeting (Article 3.92, § 8 of the Civil Code).

Who pays for the proceedings?

If the court upholds a co-owner’s claim against the association in full, that co-owner is exempt from any contribution to the fees and costs the association incurs for those proceedings (Article 3.92, § 9 of the Civil Code). Otherwise, through their share of the charges, they would be helping to pay for the other side’s defence. If the claim is upheld only in part, the co-owner must contribute to the fees and costs borne by the association.

The court may also order the losing party to pay a procedural indemnity (rechtsplegingsvergoeding / indemnité de procédure), a fixed contribution towards the winning party’s legal fees. Also check whether your legal expenses insurance covers the dispute.

The syndic: rights and liability

The syndic is appointed by the general meeting, unless already appointed in the internal rules. The mandate lasts no more than three years and can only be renewed by an express decision of the general meeting (Article 3.89, § 1 of the Civil Code). A professional syndic must also be registered with the Professional Institute of Real Estate Agents (BIV / IPI), which also has disciplinary powers.

Mismanagement, such as missing accounts, unauthorised spending or conflicts of interest, may lead to dismissal by the general meeting. If there is no syndic, or if the syndic is prevented from acting or fails to act, the court may appoint a syndic or a provisional syndic at the request of a co-owner. As a co-owner, you also have the right to inspect the association’s documents: request access systematically if you have doubts about the management.

Charges, reserve fund and arrears

Common charges are allocated according to the rules in the by-laws, usually in proportion to the shares in the common parts. As a rule, the association must build up a reserve fund (reservekapitaal / fonds de réserve) no later than five years after the provisional acceptance of the common parts. Each year at least five per cent of the total ordinary common charges of the previous financial year is paid into it, unless the general meeting decides otherwise by a four-fifths majority (Article 3.86, § 3 of the Civil Code).

If a co-owner fails to pay their contributions, the syndic can recover them on behalf of the association, through the courts if necessary. As a rule, a decision you are contesting does not suspend your obligation to pay as long as it has not been annulled. When a flat is sold, the notary asks the syndic for, among other things, the outstanding debts and pending proceedings, so that the buyer knows what they are taking on.

Damage caused by the common parts

If the roof leaks, a common pipe is defective or the façade has defects that damage your flat, the association is as a rule liable. Report the damage to the syndic in writing immediately, send the association a formal notice (ingebrekestelling / mise en demeure) if necessary, and notify the building’s fire insurer. If the association refuses an urgent repair, the court can order measures, in urgent cases in summary proceedings (kort geding / référé).

Take photographs straight away and keep all correspondence: without proof of the cause and extent of the damage, it is hard to make progress in court. If the cause is disputed, the court can appoint a court expert.

Talk first, then go to court

Many co-ownership disputes are resolved without a judgment. First ask the syndic for a written explanation, have an item placed on the agenda of the next general meeting or propose mediation. You can also ask the justice of the peace to summon the parties for an attempt at conciliation.

Do not, however, count on talks to stop the four-month time limit. If a decision of the general meeting is at stake, seek advice in good time and, if necessary, bring the claim while discussions are still ongoing.

Frequently asked questions

I was absent from the general meeting. Can I still challenge the decision?

Yes, but the four-month period runs for you too, from the date of the meeting. So do not wait until you happen to read the minutes: request them from the syndic straight away.

The syndic does not call a general meeting. What now?

One or more co-owners who together hold at least one fifth of the shares in the common parts can ask the syndic to convene a general meeting. If the syndic does not act on this within thirty days, one of them may convene the meeting themselves. The request must be sent to the syndic by registered mail (Article 3.87 of the Civil Code).

Do I have to pay for works I voted against?

As a rule, yes. A decision taken in due form binds all co-owners, including those who voted against it. If you consider the decision irregular, fraudulent or abusive, you must challenge it within four months.

Can I, as the owner of a single flat, take the association to court on my own?

Yes. Every co-owner can act individually, without the support of other owners.

Co-ownership disputes in Belgium: your lawyer in Brussels

We assist co-owners and associations of co-owners in disputes about general meeting decisions, the syndic’s management, charges and damage. See also our articles on neighbour nuisance and on disputes with a contractor. Do you live in Uccle, Ixelles or Etterbeek? Then also see our page on property and co-ownership in those municipalities.

Call 0484 99 22 72 or email asfour@novexadvocaten.be: in co-ownership matters, time limits are short.