GM notice received too late: is the meeting valid?
In principle, a notice received too late does not cancel the meeting: it goes ahead and its decisions apply. It does make them open to challenge before the justice of the peace, within four months, if the delay causes you personal harm. Your attendance, your vote and any urgency invoked change the answer.
Contents of this post
The syndic's registered letter arrives, you look at the date of the meeting and count on your fingers: nine days left, maybe fewer. The first question that comes to mind: is this meeting even valid?
Let us say it straight away: in principle, yes, it goes ahead, and what it decides applies. A notice of meetingGlossaryDocument by which the syndic calls the general meeting, stating the place, date, time and agenda. Except in an emergency, it is sent at least fifteen days before the meeting, by registered post unless the recipient has agreed in writing to another means. See the glossary received too late does not make the general meeting (GM) disappear. It makes its decisions open to challenge before the justice of the peace, on two conditions: acting within four months after the meeting, and showing that the delay caused you personal harm.
When is a notice "too late"?
The Belgian rule fits in one sentence: except in urgent cases, notice is given at least fifteen days before the date of the meeting (art. 3.87, § 3, of the Civil Code). A different period you sometimes read about on foreign websites belongs to foreign law and does not apply to a building located in Belgium.
The text does not say whether the fifteen days run from sending or from receipt. Our reading: a syndic should reason as if the period ran from receipt, and allow a margin for the post. As a co-owner, note the exact date you received the registered letter or the email, and keep the envelope or the message.
Two other situations count as a delay. A notice sent by email to someone who has never accepted that channel in writing is irregular, even if it arrived early. And a meeting held without you being invited at all raises the same problem, only worse.
Is the meeting held regardless void?
No, not by itself. A decision of the general meeting is binding on all co-owners until a court annuls it. During the proceedings, it in principle remains applicable. And if nobody acts within the time limit, it in principle becomes final, even if irregular.
The remedy is called an action for annulmentGlossaryLegal action by which a co-owner asks the court to annul or amend an irregular, fraudulent or abusive decision of the general meeting that causes them personal harm. It must be brought within four months of the date of the meeting. See the glossary. The Civil Code allows any co-owner to ask the court to annul or amend an irregular, fraudulent or abusive decision if it causes them personal harm, within four months from the date of the meeting (art. 3.92, § 3). A late notice without genuine urgency falls into the "irregular" category. The harm, however, still has to be shown: having been deprived of time to read the quotes before a vote on works, for example, or having been unable to arrange to attend or to give a proxy.
What should you do, depending on your situation?
The same delay does not have the same effect depending on what you did and what the meeting voted on.
| Your case | What it changes | What to do |
|---|---|---|
| Notice received late, you were present | Harm is harder to establish; if you voted in favour, a challenge in principle becomes very difficult | Vote against or abstain on the disputed items and have it recorded in the minutes that the notice reached you late |
| Notice received late, you were absent | Stronger grievance if the delay prevented you from attending or giving a proxy | Keep proof of the date of receipt, read the minutes, decide within four months |
| Item voted on without being on the agenda | Decision open to challenge, whatever the notice period | Compare the notice and the minutes; an "any other business" item cannot be used for a vote |
| Urgency invoked to shorten the notice period | An exception provided by law, but the court assesses whether the urgency was real | Ask the syndic in writing what the urgency consists of and keep their reply |
| Notice never received | Meeting irregularly convened as far as you are concerned | Write to the syndic, ask for the minutes, count four months from the date of the meeting |
A point of method: courts take your behaviour into account. The page on how to challenge a GM decision reports a 2024 Brussels judgment that dismissed a claim because the co-owner had not asked to consult the documents before the meeting. A late notice does not excuse everything.
Should you react before the meeting?
Yes, if you can. A written message before the meeting sometimes lets the syndic put things right, and later shows that you tried to inform yourself.
In practice, before the date:
- note the date of receipt and keep the proof (envelope of the registered letter, email header);
- write to the syndic to point out the delay and, depending on the case, ask for a postponement or quick access to the documents;
- consult the documents announced in the notice anyway, especially the quotes;
- if you cannot attend, prepare a named proxyGlossaryDocument by which a co-owner arranges to be represented at the general meeting by a proxy holder named personally. No one may accept more than three proxies unless their own votes and those of the co-owners they represent do not exceed 10% of the total, and the syndic may not act as proxy holder. See the glossary with your voting instructions.
To check the rest of the document (mandatory information, method of sending, agenda), the page on the notice of general meeting gives the full list.
How do you challenge after the meeting?
Everything turns on the date of the meeting, not on the date of the minutes. The minutes must reach you within thirty days (art. 3.87, § 12); in the worst case, you then have a little over three months left.
The steps, in order:
- work out the deadline, four months after the meeting;
- gather the notice, the proof of receipt, the minutes and your exchanges with the syndic;
- write down how the decision harms you personally, not just why it is irregular;
- try to settle amicably, bearing in mind that an amicable step does not suspend the time limit;
- bring the matter before the justice of the peace, who has jurisdiction over all co-ownership disputes, against the owners' association (VME/ACP) represented by the syndic.
A lawyer is not compulsory before the justice of the peace, whose workings are described on the Courts and tribunals website.
A typical case: ten units and a notice that arrived too late
Take a building with ten units. The ordinary meeting is set for 12 March, with an item on facade works. The registered letter goes out late and you receive it nine days before the meeting, with no urgency mentioned. You cannot get away, and you do not have time to read the three quotes or arrange a proxy.
The meeting approves the works. You receive the minutes in early April. Your grievance stands up: notice period not respected, no urgency, and concrete harm, since you were deprived of the chance to vote with full knowledge on an expense that will be charged to you. The deadline is 12 July, whatever day you received the minutes.
Change a single element: you were present and you voted in favour. The notaries' brochure states that co-owners who were present and voted in favour cannot challenge. Same notice, opposite outcome.
Our reading: a late notice is worth challenging when it had a real effect on your vote. If not, a written reminder to the syndic for the next meeting is better than a lawsuit. For details of the conditions and costs, see the page on how to challenge a GM decision.
Frequently asked questions
What is the legal notice period for a co-ownership GM in Belgium?
At least fifteen days before the date of the meeting, except in urgent cases (art. 3.87, § 3, Civil Code). It is a minimum: the syndic may send notice earlier, and that is preferable when the agenda includes major works.
Are the fifteen days counted in working days?
The Civil Code speaks of at least fifteen days, without specifying the starting point. Our reading: count in calendar days from receipt, and assume that a careful syndic allows several extra days' margin.
The notice arrived late: should I still go to the meeting?
Nothing prevents you from doing so, and it is often useful to follow the discussions. If you disagree with an item, vote against or abstain and check that the minutes record it. A vote in favour in principle makes a challenge very difficult.
Can the syndic invoke urgency to give only a few days' notice?
Yes, the Civil Code provides an exception for urgent cases (art. 3.87, § 3). Active water ingress or a danger to the occupants may justify it. If challenged, it is the court that assesses whether the urgency was real.
Is a decision taken after a late notice automatically void?
No. It is binding on everyone until a court annuls it, and in principle it remains applicable during the proceedings. Once the four-month time limit has passed, it in principle becomes final, even if it was irregular.
I never received a notice. Does the four-month time limit still run?
The Civil Code has it run from the date on which the meeting took place (art. 3.92, § 3), not from the day you find out. If you discover late that a meeting was held, act quickly.
The syndic sent the notice by email and the message arrived late. Is that valid?
Email is only valid if you have individually, explicitly and in writing agreed to receive your notices that way (art. 3.87, § 3). Without that agreement, the notice is irregular, whatever its date.