Volunteer syndic: deciding whether it suits your building
The syndic's contract is coming to an end, the fees are a burden, and someone at the general meeting suggests: “Why doesn't one of us take it on?” Here is how to judge, before the vote, whether a volunteer syndic will hold up in your building.
Contents of this page
- Measure the workloadList the number of units, the current contracts, planned works and any unpaid charges.
- Find a candidateLook for a co-owner who has time, is comfortable with figures and is accepted by the neighbours.
- Vote at the general meetingPut the appointment on the agenda and have the length of the mandate voted.
- Organise oversightAppoint an accounts auditor and plan for a deputy who can take over the file.
It is a familiar scene in a small building. The professional syndic's contract is coming to an end, the fees line looks heavy for what it covers, and a neighbour offers to take over the management themselves. Everyone knows each other, and the idea is appealing. The question is whether a volunteer syndic will last two or three years, and not just until the next roof leak.
Let us say it straight away: the arrangement works well in many co-ownerships, on one condition. You need to know that the law gives the volunteer syndic no concessions. The Civil Code knows only one syndic, full stop. The same duties, the same deadlines, the same accounting as a professional. To place the question within the wider subject, see the page on the syndic.
Who can be a volunteer syndic?
In the vast majority of cases, it is a co-owner of the building, and that profile raises no difficulty at all. The Civil Code requires neither a qualification nor experience. It only governs the appointment: by the house rules (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, by the general meeting or, failing that, by the court.
The real limit comes from the rules governing the estate agent profession. The Act of 11 February 2013 prohibits acting as a syndic on a self-employed basis, whether as a main or secondary occupation, without being registered with the Professional Institute of Estate Agents (IPI/BIV). It does, however, exclude from this prohibition people who only manage their family property or property of which they are co-owners.
An outsider who offers their services to several buildings for payment therefore falls within the regulated profession. If that applies to you, have the situation checked before the vote.
The appointment
The general meeting (GM) appoints the syndic by an absolute majority of the votes of the co-owners present or represented, for a maximum of three years. Renewal requires an express decision. The full procedure, from the agenda to the first steps, is described on the page on becoming a volunteer syndic.
Does a volunteer syndic have fewer obligations?
No, and this is the point on which co-owners most readily get it wrong. Let us follow the first few weeks of a new volunteer syndic to see what lies ahead.
Within eight days of being appointed, they post a notice at the building entrance giving their identity and the place where the co-ownership's documents can be consulted (Art. 3.89, § 2). They then have their mandate registered with the Crossroads Bank for Enterprises (KBO/BCE), through an approved business one-stop shop (Art. 3.89, § 3). A volunteer is not exempt.
Then comes the money. The co-ownership's funds never pass through their personal account: they open at least one account for the working capital fund and another for the reserve fund, both in the name of the owners' association (VME/ACP) (Art. 3.89, § 5, 3°). They also take out liability insurance for their duties; if the mandate is unpaid, the association pays for it (Art. 3.89, § 5, 8°).
Then the substantive work. The accounts must be clear and accurate: simplified below twenty units, following the standard chart of accounts above that (Art. 3.89, § 5, 15°). Every year, they present budget estimates for routine expenditure and for extraordinary costs (Art. 3.89, § 5, 16°).
Finally, every syndic faces two thirty-day deadlines. When a unit is sold, they reply to the notary who asks for a statement of the seller's debts (Art. 3.89, § 5, 5°). At the end of their mandate, they hand over the complete file to their successor (Art. 3.89, § 5, 7°).
The full list of the sixteen duties is on the page on the role and duties of the syndic.
The practical benefits for the co-ownership
The first gain is financial. An unpaid mandate removes management fees. Costs do not disappear for all that: liability insurance, registration with the Crossroads Bank for Enterprises, any software or an accountant's help remain payable by the association. To compare with a paid mandate, see syndic prices in Belgium.
The second is proximity. The syndic often lives in the building. They notice the garage door that sticks, the broken timer switch, the damp patch in the stairwell. Small jobs are ordered more quickly, and everyone knows whom to contact.
The third is knowledge of the building. A co-owner who has been managing it for several years knows the history of the works, the reliable suppliers and the building's weak points. That memory is valuable, provided it is written down and not kept only in their head.
The limits you need to face
Time and continuity
Convening the general meeting, drafting the minutes, following up claims, chasing unpaid charges, closing the accounts: the workload grows with the size of the building and its condition. Illness, a house move or a change of job can leave the co-ownership without a pilot. Appointing someone from the outset who can take over the file limits that risk.
Technical and accounting skills
The accounts of an owners' associationGlossaryLegal 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 follow their own rules. Above twenty units, the standard minimum chart of accounts set by the Royal Decree of 12 July 2012 is mandatory. Major works also require drawing up a specification and comparing quotes when the general meeting has set a tendering threshold. Nothing prevents you from getting help, but the responsibility remains the syndic's. That is what support is for: a platform such as Syndic Yourself combines a management tool with a team of experts in co-ownership accounting and law, who answer when a statement or a meeting notice gets stuck. We compare these options in our selection of volunteer syndic software.
Neighbourly relations
Claiming unpaid charges from a neighbour you pass every day is no small matter. The same goes for enforcing the regulations or turning down a request. A volunteer syndic must be able to separate their role from their personal relationships. If things become deadlocked, the page on a co-owner who does not pay describes the recovery steps.
Liability
Working for free does not remove liability. A syndic who misses a deadline, forgets to report a claim or mismanages the funds may be held accountable. The mandatory insurance covers this risk within the limits of the policy: read it. The subject is covered in more depth on the page on syndic liability.
Volunteer or professional syndic: how do you decide?
No legal rule sets a maximum building size for a volunteer syndic. Our view: the right criterion is practical. Three questions are enough. Is the actual workload compatible with a co-owner's schedule? Is a reliable candidate willing to commit, with someone to stand in for them? Is there oversight? On that last point, an 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 by the general meeting and, in buildings with at least twenty units, the co-ownership council provide that oversight.
If any of the three answers is no, we do not recommend going it alone. The page on the professional syndic sets out what the other option offers.
A volunteer syndic may also receive an allowance voted by the general meeting. That question has tax and social security implications that deserve a page of their own: volunteer syndic pay.
In Brussels, the regional centre Homegrade publishes practical guidance on registering the syndic and on co-ownership insurance. The substantive rules are the same in Flanders: the Civil Code, registration with the Crossroads Bank for Enterprises and the IPI/BIV rules are federal.
Do, avoid
- Have the appointment and length of the mandate voted at the GM
- Take out liability insurance at the association's expense
- Keep the accounts from day one, with supporting documents
- Plan who takes over if you are unavailable
- Mixing the co-ownership's funds with your personal accounts
- Handling alone a dispute between you and a neighbour
- Letting the mandate run beyond three years without an express renewal
- Accepting pay without weighing up the consequences
Frequently asked questions
Does a volunteer syndic need IPI/BIV approval?
No, if they manage the building in which they are a co-owner. The Act of 11 February 2013 regulating the estate agent profession covers self-employed practice and excludes people who manage property of which they are co-owners. The Civil Code obligations still apply in full.
Does the volunteer syndic pay for their own insurance?
No. Article 3.89, § 5, 8°, of the Civil Code requires the syndic to take out liability insurance covering the performance of their duties. In the case of an unpaid mandate, this insurance is taken out at the expense of the owners' association.
Can a volunteer syndic keep simplified accounts?
Yes, if the co-ownership has fewer than twenty units, cellars, garages and parking spaces not included. The accounts must then at least show income and expenditure. Above that threshold, the standard minimum chart of accounts applies, whatever the syndic's status.
Does a volunteer syndic have to be registered with the Crossroads Bank for Enterprises?
Yes. Since 1 April 2017, the mandate of every syndic, professional or not, must be registered with the Crossroads Bank for Enterprises (KBO/BCE) in the name of the owners' association. Registration is done through an approved business one-stop shop.
- Volunteer syndic: does free come at a price?
No, a volunteer syndic is not free: it removes the fees, not the costs. Liability insurance, registration with the CBE, the accounts, any software and the volunteer's time still have to be paid for. In a small, quiet building, the bill stays light. Beyond that, it shifts onto the volunteer.
- 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.