Syndic duties: checking that yours carries out all 16 legal tasks

The works voted at the last general meeting still have not been ordered. The extract posted at the entrance of the building still bears the name of the previous syndic. And the notice of meeting announces a budget with no section for exceptional costs. Before you raise it at the meeting, one question deserves a precise answer: what are the syndic's duties, and what is the syndic actually required to do?

The answer lies in article 3.89 of the Civil Code. The property manager (syndic) is the executive body of the owners' association (VME/ACP)GlossaryLegal 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. See the glossary: the general meeting decides, the syndic acts. These duties apply whatever the syndic's status, volunteer or professional, and whatever the house rules say. Knowing them helps you in two ways: you know what you can demand, and you know what is not the syndic's business but that of the general meeting or the court. For an overview of the subject, see the page on the syndic.

Sixteen duties, five moments in the life of a building

Paragraph 5 of article 3.89 lists sixteen duties, numbered 1° to 16°. Read in the order of the text, they form an inventory. We prefer to follow them in the order in which they come up in the life of a building.

When the general meeting has voted

The heart of the role fits in one sentence: carrying out, and having carried out, the decisions of the general meeting (1°). In practice, ordering the works that were voted and applying the new rules. Between two meetings, the syndic also takes protective measures and acts of interim management (2°): calling out a plumber in an emergency, reporting an insurance claim. And the syndic represents the association, in court and in managing common affairs (4°), which allows them to sign the contracts that were voted or to take action against a defaulting co-owner.

When money comes in and goes out

On the money side, the syndic must manage the funds in separate accounts for the working capital fund and the reserve fund (3°), keep the accounts clearly and accurately (15°) and prepare the budget every year, one for routine expenditure and one for exceptional costs (16°). These duties are covered in detail below, because that is where the stakes are highest.

When you ask for accountability

The syndic informs occupants who have no vote at the general meeting, such as tenants, of the meeting dates, and they can submit written comments on the common parts (6°). The syndic gives co-owners access to non-private documents: invoices, contracts, minutes (9°). They keep the list of people entitled to attend the general meeting up to date and send it to any co-owner on first request, and to a notary who asks for it (14°). Finally, at each ordinary general meeting, they present an evaluation report on contracts for regular supplies, such as the lift, cleaning or energy (12°).

When something has to be ordered or contracted

Above the threshold set by the general meeting, the syndic presents several quotes drawn up on the basis of specifications (11°). And they must obtain the general meeting's prior authorisation before any contract with themselves, their employees, their relatives by blood or marriage up to the third degree, or a related company (13°).

When a unit is sold or the mandate ends

When a unit is sold, the syndic answers the notary by providing the statement of debts within thirty days (5°). At the end of the mandate, they hand the file over to their successor within the same deadline: accounts, assets, insurance claims and the account history (7°). Throughout the mandate, they are covered by liability insurance and provide proof of it, taken out at the association's expense if the mandate is unpaid (8°), and they keep the post-intervention file, with the plans and information useful for future works (10°).

“if their mandate has ended in any way whatsoever, to hand over, within thirty days of the end of their mandate, the entire file”

Art. 3.89, § 5, 7°, Civil Code

How must the syndic manage the co-ownership's money?

This is the duty where the stakes are highest. The funds belong to the association, not to the syndic. They are held in various accounts, including, mandatorily, a separate account for the working capital fundGlossaryTotal 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. See the glossary and a separate account for the reserve fundGlossaryTotal 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. See the glossary, all opened in the association's name (art. 3.89, § 5, 3°). If, in your building, a single account holds both funds, the reserve fund becomes impossible to track: ask for statements of both accounts.

The reserve fund is not optional. The annual contribution must be at least five per cent of the total ordinary common charges of the previous financial year (art. 3.86, § 3), unless the general meeting waives it by a four-fifths majority of the votes. The syndic must therefore include this line in the budget, unless there is a documented decision to the contrary.

For bookkeeping, a minimum standard chart of accounts was laid down by the Royal Decree of 12 July 2012. A co-ownership with fewer than twenty units, cellars, garages and parking spaces not counted, may keep simplified accounts that show at least income and expenditure (art. 3.89, § 5, 15°). The account classes are explained in the page on co-ownership accounting and the Belgian standard chart of accounts (MAR/PCMN).

As for the budget, the syndic presents two budgets every year: one for routine maintenance and running costs, the other for foreseeable exceptional costs. We advise against voting on a budget when the second part is missing: it is precisely what prevents unexpected calls for funds. The method is explained in the page on the annual budget.

How do you check the posting, the quotes and access to documents?

Several duties are meant to stop the syndic from becoming a black box. You can check them without any special expertise.

The posting and the Crossroads Bank for Enterprises

Start in the entrance hall. Within eight days of taking up their duties, the syndic posts at the entrance of the building, in a durable and visible way, an extract of the deed appointing them (art. 3.89, § 2). The extract states their identity (or company name and registered office, with the company number, if the syndic is a company) and where the house rules (reglement van interne orde / ROI)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 and the register of decisions can be consulted. The mandate is also recorded in the Crossroads Bank for Enterprises (KBO/BCE), so a third party, an insurer or a contractor can check who represents the association.

Quotes and contracts

The general meeting sets, by a two-thirds majority, the amount of contracts and orders above which competitive tendering is mandatory. Above it, the syndic presents several quotes drawn up on the basis of specifications prepared in advance (art. 3.89, § 5, 11°). Our reading: this is the safeguard most often left unused, because it depends on a vote that nobody thinks of asking for. As long as that threshold has not been voted, it remains a dead letter. Put it on the agenda.

The same logic applies to related-party contracts. The syndic may not enter into any contract with themselves, their employees, their close family, relatives by blood or marriage up to and including the third degree, or a business in which these people have interests, without the prior authorisation of the general meeting (art. 3.89, § 5, 13°). If a company close to the syndic works in the building, look in the minutes for the decision that authorises it.

Access to documents

Every co-owner can consult the non-private documents and information relating to the co-ownership (art. 3.89, § 5, 9°). Ask in writing, naming the documents precisely: maintenance contract, invoices for a financial year, bank statements. Repeated refusal is a legitimate ground to raise at the general meeting.

Where do the syndic's powers stop?

The syndic is neither an owner nor a decision-maker. Several limits follow directly from the Civil Code.

• The syndic cannot delegate their powers without the agreement of the general meeting, and such delegation can only be for a set period or set purposes (art. 3.89, § 6).
• The syndic cannot act as a co-owner's proxy at the general meeting, even if they are a co-owner themselves (art. 3.87). So never give them your proxy.
• The syndic cannot be a member of the co-ownership council or the accounts auditor of the same association (art. 3.89, § 9).
• The syndic does not decide on non-urgent works: they carry them out once voted.

Conversely, the general meeting can always dismiss the syndic or appoint a provisional syndic alongside them for a set period or set purposes (art. 3.89, § 7). If the syndic was appointed by the court, only the court can dismiss them. The procedure is explained in the page on dismissal and resignation of the syndic.

Volunteer or professional: the same duties

The sixteen duties do not vary with status. A co-owner who manages their building without pay takes on the same accounting, the same deadlines and the same insurance as an estate agent acting as syndic. The difference lies in professional accreditation and ethics, not in the content of the role. Both options are explained in the pages on the volunteer syndic and the professional syndic.

If a duty is not carried out and damage results, the question of fault arises. It is covered in the page on syndic liability.