Co-ownership council: setting it up, appointing its members and overseeing the syndic

Your name was put forward at the end of the meeting, the vote went through, and you are now a member of the co-ownership council. Or a neighbour asks during the meeting whether a council is compulsory in your building, and nobody knows the answer. Either way, the first question is the same: what exactly is it for, and how far can it go?

Between two general meetings, the syndic manages the building alone from day to day. The co-ownership council exists so that someone on the co-owners' side follows that management closely. It replaces neither the syndic nor the meeting: it oversees, it informs, and it can be given limited delegated powers.

Its rules are set by article 3.90 of the Civil Code, those of the accounts auditorGlossaryPerson, whether or not a co-owner, appointed each year by the general meeting to check the accounts of the owners' association. Their powers and duties are set out in the house rules. See the glossary by article 3.91. These rules are the same throughout Belgium.

Does your building need a co-ownership council?

Yes, from twenty units, not counting cellars, garages and parking spaces. In any building or group of buildings with at least twenty units, excluding cellars, garages and parking spaces, a co-ownership council is set up by the first general meeting (art. 3.90, § 1). The count is therefore made on the apartments, offices, shops and other main units.

Two examples. A building with 16 apartments, 16 cellars and 10 parking spaces has 42 units in the deed of division (acte de base / basisakte), but only 16 units that count: the council is not compulsory. A complex of three buildings totalling 24 apartments managed by the same association is required to have one. To identify the units, refer to the deed of division; the page on the deed of division and co-ownership regulations explains where to find them.

In smaller buildings, the general meeting may decide to set up a co-ownership council, with the same task (art. 3.90, § 2). Our reading: in a building of eight or ten units, two motivated co-owners who review the accounts and support the volunteer syndicGlossarySyndic who does not carry out the role on a professional basis, usually a co-owner in the building. They are subject to the same legal obligations as a professional syndic. See the glossary are often a great help, even without a legal obligation.

A building that is subject to the obligation and has never set up a council must put the situation right. Put the item on the agenda of the next meeting, following the procedure described on the page on the notice of general meeting.

Who can sit on the council and how are members appointed?

The council is made up of holders of a right in rem over a unit who have voting rights at the general meeting. A tenant or an occupant therefore cannot sit on it. Nor can the syndic: they cannot at the same time be a member of the co-ownership council or the accounts auditor (art. 3.89, § 9).

The general meeting decides on the appointment of members by absolute majority, for each member separately (art. 3.90, § 1). A list is not voted on as a block. The mandate runs until the next ordinary general meeting and is renewable. In practice, the question therefore comes back on the agenda of every ordinary meeting.

The law does not set a number of members. The brochure published by the notaries states that the council generally comprises a chair and two assessors. An odd number makes it easier to reach a common position. The house rules (ROI) may set out how the council works internally; see the page on house rules.

What can the co-ownership council do, and what can it not do?

Its legal task: overseeing the syndic

The council is responsible for ensuring that the syndic carries out their duties properly. In practice, it follows the implementation of the meeting's decisions, works in progress, compliance with the budget, relations with suppliers and the keeping of the accounts.

To do so, it may inspect and copy any documents relating to the management of the co-ownership, after notifying the syndic. Invoices, contracts, bank statements, correspondence with the insurer: nothing relating to the management can be withheld from it.

It can also have items put on the agenda of the general meeting, as the co-owners can (art. 3.87, § 4).

Limited delegations

The general meeting may give the council other tasks or delegated powers, by a decision taken by a two-thirds majority. These delegations are valid for one year only. They cannot encroach on the legal powers of the syndic, the meeting or the accounts auditor.

A useful delegation has a precise purpose: following up a voted project and accepting its stages, or choosing between two quotes within a budget set by the meeting. A general formula such as "the council is authorised to take any useful decision" does not fit this logic, and we advise against voting for it.

The limits of its role

The council does not manage. It does not give orders to contractors, does not sign contracts in place of the syndic and does not decide on works without a delegation. If it finds a failing, it reports it to the syndic in writing, then reports on it to the meeting, which can draw the consequences. Changing syndic is covered on the page on the dismissal and resignation of the syndic.

A first year on the council, in practice

A newly appointed council benefits from setting its working method with the syndic. A first meeting makes it possible to agree how documents will be consulted, how often progress reviews will take place and who centralises the exchanges.

Over the year, the council can for example check the state of the bank accounts and arrears every quarter, follow progress on the decisions voted, and check that maintenance and insurance contracts are renewed in time. Each useful finding is noted, with its date and the syndic's reply.

These notes form the basis of the annual report. A good report stays factual: what was checked, what works, what is causing problems, and the proposals put to the meeting. It avoids personal judgements about the syndic, which do not help co-owners decide.

The accounts auditor, a separate check

The general meeting appoints every year an accounts auditor or a board of accounts auditors, whether co-owners or not, who check the accounts of the owners' association (VME/ACP) (art. 3.91). Their powers and obligations are determined by the house rules.

Unlike the council, this function does not depend on the number of units. The text does not reserve the task for a chartered accountant: a co-owner who is comfortable with figures can take it on. In a large building, or when trust has been damaged, the meeting may prefer an outside professional.

The auditor checks that expenditure is backed by supporting documents, that bank balances match the accounts, that the working capital fund and reserve fund are properly tracked and that each co-owner's statement is consistent. They report their conclusions before the accounts are approved. The page on co-ownership accounting and the MAR/PCMN details the documents to check.

The council and the auditor complement each other. The first follows the management throughout the year, the second examines the accounts once the financial year has closed. To place these two roles within the workings of the meeting, see organising a general meeting and the general meeting page.