How to change syndic: procedure, timeline and handover of the records
Your syndic is no longer up to the job, or their contract is coming to an end. The vote is only one step: here are the timeline, the items to put on the agenda and the handover of the file, which decides whether the change succeeds.
Contents of this page
- Reread the current contractFind the end date of the mandate, which cannot exceed three years, and the clauses on termination.
- Gather comparable quotesAsk for several draft contracts based on the same description of the building and of the services expected.
- Put the items on the agendaHave the end of the mandate and the appointment of the successor added to the agenda, through a written proposal or a meeting requested by co-owners holding one fifth of the shares.
- Vote at the general meetingDecide by absolute majority on the end of the mandate, the appointment, the contract and the start date.
- Organise the handoverDemand the handover of the complete file, accounts and assets included, within thirty days of the end of the mandate.
- Update the bank, the KBO and the noticeChange the authorised signatories on the accounts, register the new syndic with the KBO and post the extract of the appointment within eight days.
The service charge statements arrive late, letters go unanswered and the syndic’s contract is nearing its end. In the entrance hall you keep hearing the same sentence: ‘We need someone else.’ Good news: to change syndic (the building’s property manager), you do not have to justify anything. The Civil Code limits the mandate to three years, renewal requires an express decision of the general meeting (GM), and the meeting can dismiss its syndic at any time. The difficulty lies elsewhere: getting the right majority at the right moment, avoiding a gap between two mandates and obtaining a complete file from the outgoing syndic.
This page follows the real order of operations, from reviewing the current contract to updating the Crossroads Bank for Enterprises (KBO/BCE). The rules are the same in Flanders and in Brussels, because they are set out in the federal Civil Code. For a dismissal during the mandate or a resignation by the syndic, see also the page on dismissal and resignation of the syndic.
When can you change syndic?
Legally, at any time. In practice, two moments lend themselves better to it.
When the mandate expires
The syndic’s mandate may not last longer than three years. It is only renewed by an express decision of the general meeting, and the FPS Justice brochure points out that tacit renewal is not possible. Moreover, the law states that the mere fact of not renewing the mandate cannot give rise to any compensation (art. 3.89, § 1). Our reading: this is the safest route, and it is often worth waiting a few more months for it.
During the mandate
The general meeting can always dismiss the syndic (art. 3.89, § 7). Dismissal takes effect immediately, but according to the FPS Justice brochure it can expose the owners’ association (VME/ACP) to damages if it is found to be unfair, or to any compensation provided for in the contract. The consequences are covered in the page on dismissal.
The timeline also depends on the ordinary general meeting. It is held during an annual fifteen-day period set by the house rules (reglement van interne orde / règlement d’ordre intérieur)GlossaryRules drawn up by private agreement that set out at least how the general meeting operates, how the syndic is appointed and the fortnight in which the ordinary general meeting is held. They are kept at the association's registered office and can be consulted free of charge. See the glossary. If the change can wait until that meeting, you save yourself an extra notice of meeting.
The timeline for changing syndic
We count backwards from the date of the general meeting, day D. Some time limits are statutory, others are only practical guidelines: we make the distinction each time.
Between 4 and 6 months before the meeting, reread the contract, take stock of the management and request quotes. This is only a practical guideline, but it leaves time for a serious comparison.
If you are aiming for the ordinary meeting, send the syndic your written proposals at least 3 weeks before the first day of the meeting period: the syndic must then put them on the agenda (art. 3.87). If you do not want to wait, co-owners who together hold at least one fifth of the shares can at any time request an extraordinary meeting by registered mail (art. 3.87, § 2). The syndic then has no more than 30 days from receipt of the request to call the meeting. If they fail to do so, one of the co-signatories can call it themselves.
The notice of meeting goes out at least 15 days before the meeting, by registered mail, unless someone has individually agreed in writing to another means of communication (art. 3.87). On day D, the meeting votes on the end of the mandate, the appointment and the contract (arts 3.87 and 3.89).
After the vote, three time limits run. The decisions are entered in the register within 30 days of the meeting (art. 3.87). The new syndic posts the extract of the appointment at the entrance of the building within 8 days of the start of their assignment (art. 3.89, § 2). And the outgoing syndic hands the complete file over to their successor within 30 days of the end of their mandate (art. 3.89, § 5, 7°).
A point of method: if the outgoing syndic is slow to put your proposals on the agenda or to call the meeting, keep proof of sending. The request by co-owners holding one fifth of the shares in the common partsGlossaryTerm used by the Civil Code for the fraction of the common parts attached to each unit, also called quotités. It is set in the deed of division according to the respective value of the private parts and determines each co-owner's number of votes at the general meeting. See the glossary is the tool the law provides to unblock the situation.
How do you prepare the choice of successor?
Start by writing down what you expect: number of units, equipment (lift, communal heating), planned works, frequency of visits, number of meetings included, means of communication. Send the same description to every candidate. Quotes built on different bases cannot be compared.
Then read the draft contracts rather than the sales brochures. The Civil Code requires the contract to distinguish between flat-rate services and additional services with their fees, and states that a service not mentioned cannot be charged without a decision of the meeting (art. 3.89, § 1). The clauses to check are set out in the page on the syndic contract, and the order of magnitude of costs in the page on syndic prices in Belgium.
The choice can also concern the type of syndic. A co-owner can take over the management, or the building can entrust the assignment to an estate agent registered with the BIV (IPI), the professional institute of real estate agents. See the pages on the volunteer syndic and the professional syndic.
Attach the shortlisted draft contracts to the notice of meeting. The co-owners then vote with full knowledge of the facts, and the decision is harder to challenge. We do not advise ending the mandate without appointing the successor in the same session: a building without a syndic, even for a few weeks, piles up unpaid invoices.
Which items do you vote on at the general meeting?
Draw up the agenda with separate items, in this order:
- the end of the current syndic’s mandate, through non-renewal on expiry or through dismissal, with the date on which it takes effect;
- the appointment of the new syndic, with the date on which their assignment begins;
- approval of their contract, term included (three years at most);
- designation of the person who signs the contract on behalf of the association;
- where appropriate, a mandate for the new syndic to obtain the handover of the file and, if necessary, to take legal action.
No special majority is required for these decisions. They are taken by absolute majority of the votes of the co-owners present or represented at the time of the vote (art. 3.87). Before the vote, check the quorum: more than half of the co-owners present or represented, together holding at least half of the shares, or co-owners representing more than three quarters of the shares. If it is not reached, a second meeting is held after at least fifteen days. The details are in the page on voting rules and majorities.
Two precautions during the session. The syndic may not act as proxy holder for a co-owner, and no one may accept more than three proxies, unless the total of their own votes and those of the co-owners they represent does not exceed 10% of the votes in the co-ownership (art. 3.87). Have the end and start dates of the mandates clearly recorded in the minutes.
What must the handover of the records include?
The law is precise. A syndic whose mandate has ended, in whatever way, must hand the whole management file over to their successor within thirty days:
“including the accounts and the assets they managed, every claim, a history of the account on which claims were settled, and the documents showing what was done with any sum that is not found in the financial accounts of the co-ownership”Art. 3.89, § 5, 7°, Civil Code
If there is no successor, the file is handed to the chair of the last general meeting. To make sure nothing is missing, draw up an inventory in the presence of both parties, signed by both syndics. At a minimum it includes:
- the articles (deed of division (basisakte / acte de base) and co-ownership regulations), the house rules and the register of general meeting decisions;
- the minutes, notices of meeting and budgets of recent years;
- the complete accounts, statements of every account in the association’s name and the position of co-owners in arrears;
- the up-to-date list of the people entitled to take part in the deliberations, with their contact details;
- the current contracts (maintenance, energy, insurance) with their expiry dates;
- the claims and dispute files, open or recently closed;
- the post-intervention file (PID / DIU), which the syndic must keep;
- the keys, badges, access codes and technical plans.
The association’s money is not ‘transferred’ from one syndic to the other: it sits in accounts opened in the association’s name, including a separate account for the working capital fund and one for the reserve fund (art. 3.86, § 3). The takeover therefore consists of changing the authorised signatories on those accounts, with the minutes of the appointment as proof. If you discover an account in the outgoing syndic’s name, report it immediately to the co-ownership council and demand a transfer to an account of the association.
The formalities after the vote
Within eight days of the start of their assignment, the new syndic posts an extract of the deed of appointment at the entrance of the building, with their contact details and the place where the house rules and the register of decisions can be consulted (art. 3.89, § 2).
They must also be registered with the Crossroads Bank for Enterprises, following the procedure laid down by the King. Homegrade states that this registration is done through an approved business counter (ondernemingsloket), on the basis of the minutes of the appointment. Then inform the suppliers, the insurer and, for water, your water supplier.
If the outgoing syndic does not hand over the file within the time limit, send a formal notice by registered mail, referring to article 3.89, § 5, 7°. If that achieves nothing, the association, represented by its new syndic, can go to the justice of the peace (vrederechter / juge de paix), who has jurisdiction over disputes about the management of the common property in a co-ownership. The remedies against a syndic at fault are set out in the page on syndic liability, and the role as a whole in the section on the syndic.
Do, avoid
- Appoint the successor at the same meeting that ends the mandate
- Attach the draft contracts to the notice of meeting
- Draw up a signed inventory of the documents handed over
- Check the bank balances on the day of the takeover
- Leaving the building without a syndic between two mandates
- Voting on an item that is not on the agenda
- Accepting a handover without the accounts or the claims history
- Leaving an association account in the outgoing syndic’s name
Where the handover most often gets stuck
| Item | Finding | What to check |
|---|---|---|
| Accounts | The file arrives without a trial balance or supporting documents, with balances closed on a date that does not match the end of the mandate | Ask for the general ledger, the trial balance, the supporting documents and the balances as at the end date of the mandate |
| Bank accounts | An account of the association remains open in the outgoing syndic’s name, or the reserve fund shares an account with the working capital fund | Ask for statements of every account in the association’s name, with a separate account for each fund |
| List of co-owners | The list handed over dates from the last meeting and ignores the sales since then | Compare the list received with the sales notified by notaries, then correct the contact details |
| Supplier contracts | The maintenance and energy contracts appear in the accounts, but the signed copies do not follow | Ask for a copy of every current contract, with its expiry date and notice period |
| Open insurance claims | Open files change hands without the history of the account into which the payouts were made | Ask for the list of open files and the history of the account used for settlements |
Frequently asked questions
Do you need a reason to change syndic?
No. When it expires, the mandate is only renewed by an express decision of the general meeting, and the mere fact of not renewing it cannot give rise to any compensation (art. 3.89, § 1). During the mandate, the general meeting can always dismiss the syndic (art. 3.89, § 7).
What majority is needed to appoint a new syndic?
The Civil Code does not provide for a special majority for the appointment. The general rule applies: an absolute majority of the votes of the co-owners present or represented at the time of the vote (art. 3.87).
Can the outgoing syndic hold on to the records until an invoice is paid?
The law requires them to hand the whole management file over to their successor within thirty days of the end of their mandate (art. 3.89, § 5, 7°). A dispute over an invoice is settled separately, and if things are blocked the association can go to the justice of the peace.
Is the procedure different in Flanders and in Brussels?
No. The rules on the syndic are in the federal Civil Code and apply in the same way in all three regions.
Who receives the file if no successor has been appointed?
The chair of the last general meeting. This is laid down in article 3.89, § 5, 7°, of the Civil Code, but it is a situation best avoided: appoint the successor at the meeting that ends the mandate.
- Syndic not responding: wait, dismiss or go to court?
When a syndic stops responding, you have three ways out in Belgium: not renewing the mandate when it expires, dismissing the syndic at the general meeting, or asking the justice of the peace for a provisional syndic. The right one depends on two things: when the mandate ends and whether you can get a meeting together.
- Taking over a syndic file mid-year: checklist
Taking over a syndic file mid-year follows a set order: secure the accounts and the insurance on day one, post and register the mandate within the week, claim the complete file within thirty days, then prepare the general meeting. Here is the checklist, step by step, for a handover that was left incomplete.