Syndic liability: proving the fault and obtaining compensation
Funds badly held, a leak nobody deals with, a file never handed over: you suspect the syndic is at fault. Here is who he answers to, what has to be proved and how the association can obtain compensation, whether he is a professional or a volunteer.
Contents of this page
- Document the failureGather the correspondence, invoices, bank statements and minutes that establish the fault and the damage.
- Ask for an explanation in writingSend the syndic a precise request, by registered post, with a reasonable deadline for a reply.
- Involve the council or the auditorAsk the co-ownership council or the accounts auditor to examine the documents concerned.
- Take the matter to the meetingHave the decision to act put on the agenda, and if necessary the dismissal or a temporary syndic.
- Go to the justice of the peaceIf no amicable solution works, the association brings the claim, ideally with the help of a lawyer.
A reserve fund placed in the syndic's personal account, a roof leak left unanswered for weeks, a file that never reaches the successor: all these situations raise the same question, that of syndic liability. The property manager (syndic) acts for 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. If he makes a mistake in that role, he must answer for it.
If this is happening in your building, anger comes quickly, and so does the temptation to announce a lawsuit. Above all, remember this: holding a syndic liable is won with documents, not threats. Here is who the syndic is liable to, which legal duties serve as the benchmark for judging a fault, what the compulsory insurance changes, and how the association can act. All of this applies to the professional syndic and to the co-owner who manages his building as a volunteer.
The syndic is solely responsible for his management
The Civil Code states the principle plainly:
“The syndic is solely responsible for his management; he may not delegate his powers without the consent of the general meeting and only for a set period or for a set purpose.”Art. 3.89, § 6, Civil Code
Two practical consequences follow. First, the syndic cannot hide behind a colleague, an outside bookkeeper or a family member who helps him: he answers for the management. Second, if he genuinely wants to hand part of his duties to someone else, he needs a decision of the general meeting (GM), limited in time or in scope.
Having a co-ownership councilGlossaryBody 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. See the glossary does not dilute this liability. Compulsory in buildings with at least twenty units (excluding cellars, garages and parking spaces), the council ensures that the syndic carries out his duties properly (Art. 3.90). It supervises; it does not manage.
Who is the syndic liable to?
The FPS Justice brochure sums up the situation in two parts: the syndic is contractually liable for his faults towards the owners' association, and he has non-contractual liability towards third parties.
Towards the owners' association
The syndic is bound to the association by a written contract, which the law makes compulsory (Art. 3.89, § 1). If he does not carry out his duties properly and the association suffers damage, it can claim compensation from him. The contract is not made with each co-owner: in principle it is therefore the association that acts, on a decision of the general meeting.
Towards third parties
A contractor, a neighbour, a tenant or a supplier may suffer damage linked to the management of the building. Because the syndic represents the association, the acts he carries out within the limits of his mandate bind the association. The notaries' brochure stresses this: because the syndic represents the association, it is the co-owners who are exposed towards third parties. The association can then turn to the syndic if the fault is his.
Towards one co-owner in particular
A co-owner is not a party to the syndic contract. When he believes he has suffered personal damage, separate from the association's, the route to follow depends on the facts. Have the situation reviewed before incurring costs.
Which faults make the syndic liable?
The starting point is the list of legal duties in Article 3.89, § 5, of the Civil Code, supplemented by the contract and by the house rules. A legal duty not carried out, or carried out badly, is the classic ground for holding a syndic liable. These duties are set out in detail in role and duties of the syndic.
Let us go through the most frequent failures, in the order in which they usually come to light.
The most visible sign is often a decision that has stayed a dead letter: approved works never ordered, even though the syndic must carry out the decisions of the general meeting (Art. 3.89, § 5, 1°). Next comes inaction on a problem that cannot wait, such as a leak left untreated despite several reports. What is at stake there is the duty to take protective measures (Art. 3.89, § 5, 2°).
Money produces the most serious faults. Mixed funds, or an account opened in the syndic's name, contradict the duty to hold funds in accounts in the association's name, with one separate account for the working capital fund and one for the reserve fund (Art. 3.89, § 5, 3°, and Art. 3.86, § 3). A statement that cannot be reconciled with the bank statements reveals accounts that are not clear, precise and detailed (Art. 3.89, § 5, 15°). A meeting notice without any budget attached breaches the duty to prepare the budgets (Art. 3.89, § 5, 16°).
Purchasing is another area. A single quote presented above the approved threshold ignores the duty to present several quotes based on a specification when competitive tendering is compulsory (Art. 3.89, § 5, 11°). A maintenance contract given to a company linked to the syndic, without the meeting's prior authorisation, breaches the rule governing contracts with himself or his relatives (Art. 3.89, § 5, 13°).
That leaves insurance and the end of the mandate. If no certificate is available, the duty to take out liability insurance and provide proof of it has not been met (Art. 3.89, § 5, 8°). If the archives and accounts are withheld after the mandate ends, it is the duty to hand the file to the successor within thirty days that is breached (Art. 3.89, § 5, 7°).
Added to these are posting, at the building entrance and within eight days, an extract of the appointment decision (Art. 3.89, § 2), and the ban on delegating without the meeting's consent.
A fault is not enough. To obtain compensation, you must also establish damage and the link between the two. A meeting held slightly late, with no consequences, will not lead to compensation. A reserve fund part of which has disappeared will. Our reading: before talking about liability, ask yourself what damage the association can prove, with documents to back it up.
Liability insurance is compulsory, even for a volunteer
Every syndic must take out liability insurance covering the performance of his duties and provide proof of that insurance (Art. 3.89, § 5, 8°). For an unpaid mandate, the premium is paid by the association. The law makes no exception for small buildings.
Ask for the certificate every year, at the time of the ordinary general meeting, and read what it covers: insured amounts, exclusions, period of validity. Insurance that expires during the mandate leaves the association without a safety net. Choosing a suitable policy is covered in volunteer syndic liability insurance, and the question of volunteer syndic pay affects who pays the premium.
How does the association hold its syndic liable?
The route is gradual. Most difficulties are settled before court, provided you have documents. We do not advise brandishing a lawsuit without a general meeting decision: in principle it is the association that acts, not a lone co-owner.
Start with the supervisory tools provided by law. The co-ownership council may, after informing the syndic, inspect and copy all documents relating to his management (Art. 3.90). 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, appointed each year by the general meeting, checks the association's accounts (Art. 3.91). Each co-owner also has access to the non-private documents relating to the co-ownership, under the arrangements in the house rules or set by the meeting (Art. 3.89, § 5, 9°).
If the problem is established, it goes up to the general meeting. The meeting can ask for an account, decide to take action against the syndic, dismiss him at any time or appoint a temporary syndic alongside him (Art. 3.89, § 7). If the syndic refuses to call a meeting, co-owners holding at least one fifth of the shares can ask him to do so by registered post, then call it themselves if the request goes unanswered within thirty days (Art. 3.87, § 2). The procedure is set out in dismissal and resignation of the syndic.
The justice of the peace has jurisdiction over disputes concerning the administration of jointly owned property, with no ceiling on the amount. Where the syndic is unable to act or fails to act, he can also appoint a temporary syndic at the request of a co-owner (Art. 3.89, § 8). A liability claim is easier to bring once the syndic has been replaced: the new syndic, who represents the association in court, can bring it on a decision of the meeting. The steps of the replacement are described in changing your syndic.
For an overview of the role, go back to the section the syndic.
Do, avoid
- Demand proof of the syndic's liability insurance every year
- Check that the accounts are opened in the association's name
- Read the accounts auditor's report before approving the accounts
- Keep minutes and correspondence for several years
- Approving the accounts without looking at the supporting documents
- Letting the syndic be sole holder of an account in his personal name
- Threatening legal action without a general meeting decision
- Confusing a questionable meeting decision with a fault by the syndic
Where the syndic's failures most often hide
| Item | Finding | What to check |
|---|---|---|
| Meeting decisions not carried out | Works approved at the previous meeting were never ordered and the following minutes say nothing about them | Go through the latest minutes item by item and ask for a written progress report |
| Liability insurance | The certificate is produced only on request, and its period of validity ends before the mandate does | Demand the current certificate every year, with its insured amounts and exclusions |
| Budget | The notice announces the vote on the budget without attaching the extraordinary expenses part | Check that both budgets, ordinary and extraordinary, come with the notice |
| Bank accounts | The working capital fund and the reserve fund sit in a single account, sometimes in the syndic's name | Ask for statements of the accounts opened in the association's name, one separate account per fund |
| Contracts with related parties | A company linked to the syndic works in the building without the meeting having authorised the contract | Find in the minutes the prior decision authorising that contract |
Frequently asked questions
Can a co-owner sue the syndic on his own?
The syndic contract binds the syndic to the owners' association (VME/ACP), not to each co-owner. The syndic's contractual liability is therefore in principle invoked by the association, on a decision of the general meeting. A co-owner who suffers personal damage should have his situation reviewed by a lawyer.
Is a volunteer syndic less liable than a professional?
The legal duties in Article 3.89 of the Civil Code apply to every syndic, paid or not. The law also requires each of them to hold liability insurance, paid for by the association when the mandate is unpaid.
Is the association bound by its syndic's acts?
Yes, when he acts within the limits of his mandate. The syndic represents the association in court and in managing common affairs (Art. 3.89, § 5, 4°). If a third party suffers damage, the association may have to answer for it, then turn to the syndic at fault.
Can the syndic hand his duties over to someone else?
Only with the general meeting's consent, for a set period or a set purpose (Art. 3.89, § 6). An unauthorised delegation remains his sole responsibility.
- 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.