Co-ownership glossary for Belgium: every term in a notice of meeting or service charge statement explained

Terms from A to Z

Absolute majority

Default voting rule at the general meeting: more than half of the votes of the co-owners present or represented at the time of the vote. Abstentions, spoilt and blank votes are not counted as votes cast.art. 3.87(8) Civil Code

Accounts auditor (commissaire aux comptes)

Person, 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.art. 3.91 Civil Code

Action for annulment

Legal 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.art. 3.92(3) Civil Code

Agenda

List of items to be discussed and voted on by the general meeting, included in the notice of meeting. Any co-owner, or the co-ownership council, can ask the syndic to add an item.art. 3.87(3) and (4) Civil Code

Allocation key (clé de répartition)

Calculation rule that determines each unit's share of a category of charges: shares, metered consumption or another reasoned criterion. The criteria and the calculation method are set out in the co-ownership regulations.art. 3.85(1) Civil Code

Articles (statuts)

The deed of division and the co-ownership regulations taken together. They must be drawn up by authentic (notarial) deed, as must any amendment to them, and transcribed to be enforceable against third parties.art. 3.85(1) Civil Code

Belgian standard chart of accounts (MAR/PCMN)

Chart of accounts that owners' associations with at least twenty units, excluding cellars, garages and parking spaces, must follow. It was laid down for owners' associations by the Royal Decree of 12 July 2012.art. 3.89(5) Civil Code

Budget forecast

Estimate prepared by the syndic of the routine costs of maintaining, running and managing the common parts, and of foreseeable extraordinary expenses. It is put to the vote of the general meeting.art. 3.89(5) Civil Code

Call for funds

Request for payment sent by the syndic to the co-owners to top up the working capital fund or the reserve fund. With each call for funds, the syndic states which portion will go to the reserve fund.art. 3.86(3) Civil Code

Co-owner

Owner of a unit in a co-owned building, holding both their private part and a share in the common parts. They are a member of the general meeting of the owners' association.arts 3.84 and 3.87 Civil Code

Co-ownership council

Body made up of co-owners, mandatory in buildings with at least twenty units, excluding cellars, garages and parking spaces. It ensures that the syndic carries out their duties properly.art. 3.90 Civil Code

Co-ownership regulations

Notarial deed setting out the rights and obligations of the co-owners regarding the private and common parts, together with the reasoned criteria and the calculation method for allocating charges. Together with the deed of division, it forms the articles of the building.art. 3.85(1) Civil Code

Common parts

Parts of the building or land that belong to all co-owners according to their shares, such as the roof, the entrance hall or shared pipes. Where the title deeds are silent or contradictory, parts intended for the use of all or some co-owners are deemed common.art. 3.84 Civil Code

Competitive tendering

Obligation to compare several offers for contracts above the threshold set by the general meeting by a two-thirds majority. The syndic must then present several quotes.art. 3.88(1)(1)(c) Civil Code

Conciliation

Free procedure in which the justice of the peace tries to bring the parties to an agreement before or during proceedings. You request it with a simple letter to the court registry, and the agreement is recorded in a report that has the same force as a judgment.

Crossroads Bank for Enterprises (KBO/BCE)

Federal register of entities registered in Belgium, managed by the FPS Economy. The owners' association has a company number in it, which must appear on all its documents, and the syndic must be registered in it.arts 3.86(1) and 3.89(1) Civil Code

Deed of division (acte de base / basisakte)

Notarial deed that describes the building or group of buildings, its private and common parts, and sets the share of the common parts attached to each unit. Together with the co-ownership regulations, it forms the articles of the building and must be transcribed.art. 3.85(1) Civil Code

Exclusive use right (jouissance privative)

Right of exclusive use over a common part, such as a garden or a roof terrace, granted to a unit by the articles. The element remains a common part; the co-ownership regulations specify how its costs are shared.

Forced co-ownership (copropriété forcée)

Form of co-ownership in which property must remain undivided because of its function or purpose, such as the common parts of an apartment building. Such property can only be divided with the agreement of all co-owners.arts 3.78 and 3.83 Civil Code

Four-fifths majority

Majority required in particular for other amendments to the articles, including the allocation of charges, a change of use of the building, the division or merger of units, and acts of disposal of common immovable property.art. 3.88(1)(2) Civil Code

General meeting (GM)

Decision-making body of the owners' association, of which every owner of a unit is a member. Each owner has a number of votes corresponding to their share in the common parts.art. 3.87 Civil Code

House rules (ROI)

Rules 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.arts 3.85(3) and 3.93(3) Civil Code

Interim administrator (administrateur provisoire)

Person appointed by the court, at the request of the syndic or of co-owners holding at least one fifth of the shares, when the financial balance of the co-ownership is seriously compromised or the building can no longer be preserved.art. 3.92(2) Civil Code

Justice of the peace

Judge with jurisdiction, since 1 January 2019, over all disputes relating to the co-ownership of buildings, whatever the amount claimed. A clause in the articles that would refer such disputes to an arbitrator is deemed unwritten.arts 3.85(5) and 3.92 Civil Code

Mediation

Voluntary method of resolving disputes in which a neutral third party helps the parties reach an agreement. You can choose a mediator accredited by the Federal Mediation Commission, and the agreement can be approved by the court so that it becomes enforceable.

Minutes

Document drawn up by the syndic recording the decisions of the general meeting, the majorities obtained and the names of the co-owners who voted against or abstained. It is signed at the end of the meeting, then entered in the register and sent out within thirty days.art. 3.87(10) and (12) Civil Code

Notice of meeting (convocation)

Document 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.art. 3.87(3) Civil Code

Occupier (occupant)

Person who occupies a unit by virtue of a personal or real right without having a vote at the general meeting, such as a tenant. The house rules and decisions are binding on them once communicated, and they can challenge those that cause them specific harm.art. 3.93(5) Civil Code

Ordinary service charges

Recurring costs of the co-ownership, as opposed to non-recurring costs covered by the reserve fund. Their total for the previous financial year is the basis for calculating the minimum 5% contribution to the mandatory reserve fund.art. 3.86(3) Civil Code

Owner

Holder of the right of ownership over a property. In a co-ownership, every owner of a unit is a member of the general meeting; if ownership of the unit is split, for example through a usufruct, the parties concerned appoint a proxy holder to vote.art. 3.87(1) Civil Code

Owners' association (VME/ACP)

Legal entity that brings the co-owners together and whose sole purpose is the preservation and management of the building. It acquires legal personality as soon as a first unit is transferred, provided the deed of division and the co-ownership regulations have been transcribed.art. 3.86 Civil Code

Partial association (association partielle)

Owners' association set up, where the deed of division provides for it, for certain common parts of a building or group of buildings with at least twenty units.art. 3.84 Civil Code

Post-intervention file (DIU/PID)

File compiled during building works that gathers the information relevant to safety and health for future work on the structure. Where applicable, the syndic must keep it in the manner laid down by Royal Decree.art. 3.89(5)(10) Civil Code

Private parts

Parts of the building that belong exclusively to the owner of a unit, such as the interior of an apartment. They are described in the deed of division.art. 3.85(1) Civil Code

Professional Institute of Real Estate Agents (BIV/IPI)

Body that regulates the profession of estate agent in Belgium, on the basis of the Act of 11 February 2013. Anyone who works as a self-employed syndic must be licensed by the BIV/IPI.

Property manager (syndic)

Natural or legal person, volunteer or professional, responsible for carrying out the decisions of the general meeting, managing the funds and representing the owners' association. They are appointed by the general meeting or, failing that, by the court, for a term of no more than three years.art. 3.89 Civil Code

Protective measures (actes conservatoires)

Measures intended to protect the building or the rights of the association without waiting for a decision of the general meeting, such as a temporary repair after an insured loss. The syndic is responsible for carrying them out.art. 3.89(5) Civil Code

Provisional acceptance (réception provisoire)

Acceptance of the common parts of a new building at the end of the works, subject to the defects noted. Among other things, it starts the five-year period for setting up the mandatory reserve fund.art. 3.86(3) Civil Code

Provisional syndic

Syndic appointed by the court when the syndic in office is prevented from acting or fails to act, to manage the co-ownership for a limited period.art. 3.89 Civil Code

Proxy (procuration)

Document 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.art. 3.87(7) Civil Code

Proxy holder (mandataire)

Person, whether or not a member of the general meeting, who represents a co-owner at the meeting under a proxy naming them personally. No one may accept more than three proxies, subject to the 10% of votes exception, and the syndic may not act as proxy for a co-owner.art. 3.87(7) Civil Code

Quorum

Minimum attendance required for the general meeting to deliberate validly: more than half of the co-owners holding at least half of the shares, or co-owners holding more than three quarters of the shares. Failing that, a second meeting held at least fifteen days later deliberates without any quorum requirement.art. 3.87(5) Civil Code

Register of decisions

Register kept at the association's registered office in which the syndic records the decisions of the general meeting within thirty days. Anyone with an interest may consult it on site free of charge.art. 3.93(4) Civil Code

Reserve fund

Total of the periodic contributions intended for non-recurring expenditure, such as replacing the heating system or the lift. It becomes mandatory no later than five years after provisional acceptance, with an annual contribution of at least 5% of the previous financial year's ordinary service charges, unless the general meeting decides otherwise by a four-fifths majority.art. 3.86(3) Civil Code

Service charge statement

Statement drawn up by the syndic that divides a period's expenditure between the units, using the keys in the co-ownership regulations, and compares it with the advance payments already made. It shows the balance due or refundable for each co-owner.

Service charges (charges communes)

Costs relating to the common parts and the running of the co-ownership, such as maintenance, repairs, insurance or syndic fees. They are divided between the units according to the criteria set in the co-ownership regulations.art. 3.85(1) Civil Code

Shares (quotités)

Fraction of the common parts attached to each unit, set in the deed of division according to the respective value of the private parts. Shares determine the number of votes at the general meeting and can only be changed with the unanimous agreement of all co-owners.arts 3.85(1) and 3.88(3) Civil Code

Shares in the common parts (quotes-parts)

Term 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.arts 3.85(1) and 3.87(6) Civil Code

Simplified accounting

Accounting allowed in co-ownerships with fewer than twenty units, excluding cellars, garages and parking spaces. At a minimum it shows income and expenditure, cash position, the working capital and reserve funds, and the co-owners' receivables and debts.art. 3.89(5) Civil Code

Syndic contract

Written contract between the syndic and the owners' association that sets out, among other things, the flat-fee services and the additional services. The syndic's mandate may not exceed three years and can be renewed by express decision of the general meeting.art. 3.89(1) Civil Code

Syndicate of owners (syndicat des propriétaires)

Expression in common use but incorrect in Belgium, borrowed from French law. In the Belgian Civil Code, the legal entity that brings the co-owners together is called the owners' association (VME/ACP).art. 3.86 Civil Code

Transcription

Formality by which a notarial deed is entered in the registers of the competent office of the General Administration of Patrimonial Documentation. Transcription of the articles is a condition for the owners' association's legal personality and for the articles to be enforceable against third parties.art. 3.86(1) and (2) Civil Code

Two-thirds majority

Majority required in particular for works affecting the common parts, other than works required by law and protective works, and for amendments to the articles that concern only the enjoyment, use or management of the common parts.art. 3.88(1)(1) Civil Code

Unanimity

Agreement of all co-owners, required in particular to change the allocation of shares. If it is not reached because some co-owners are absent, a new general meeting is held after at least thirty days.art. 3.88(3) and (4) Civil Code

Unit (lot)

Component of the co-ownership made up of a private part and a share in the common parts. An apartment with its cellar may form a single unit or two separate units, depending on the deed of division.art. 3.84 Civil Code

Urgent works

Necessary and urgent works to the common parts. If the general meeting cannot reach the required majority, any co-owner may obtain court authorisation to carry them out alone, at the association's expense.art. 3.92(5) Civil Code

Volunteer syndic

Syndic 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.art. 3.89 Civil Code

Working capital fund

Total of the advances paid by the co-owners, as provision, to cover recurring expenditure such as heating and lighting of the common parts or management fees. It is held in a separate account in the association's name.art. 3.86(3) Civil Code

Written resolution

Decision taken unanimously and in writing by all members of the owners' association, without a meeting. This method is excluded for decisions that must be made by authentic (notarial) deed.art. 3.87(11) Civil Code

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