Condominium general meetings in Belgium: notice, quorum and majorities

The legal framework

Book 3 "Property" of the Civil Code (law of 4 February 2020, published in the Belgian Official Gazette on 17 March 2020) entered into force on 1 September 2021. It governs forced co-ownership in articles 3.78 to 3.100, with articles 3.84 onwards covering buildings. The rules of this regime are mandatory: the by-laws cannot depart from them.

The owners' association (ACP) acquires legal personality as soon as at least one unit has been transferred and the basic deed and co-ownership regulations have been recorded.

Who votes, and how?

Voting rights are proportional to each owner's shares (quotités), not "one person, one vote". Remote participation is possible if the notice provides for it.

The notice

• Period: the notice is sent at least 15 days before the meeting (except in an emergency). It states place, date, time and agenda.
• Delivery: by registered letter, unless an owner individually, expressly and in writing agrees to another means. Costs are borne by the association.
• Ordinary meeting: held every year within the 15-day period set in the internal rules.
• Agenda: proposals must reach the syndic at least 3 weeks before the first day of that annual period. An owner may propose an item at any time; if the deadline has passed, it goes to the next meeting.
• Extraordinary meeting: at the request of owners holding at least 1/5 of the shares, the syndic must call it within 30 days. Failing that, a judge may order the notice.

Quorum

The meeting may validly deliberate if either condition is met:

• more than half of the owners are present or represented and they hold at least half of the shares;
• or the owners present or represented hold more than 3/4 of the shares.

If the quorum is not met, a second meeting is called at least 15 days later; it deliberates whatever the number of attendees and their shares.

Proxies

A proxy holder may not take more than 3 proxies, unless their own votes and those of their principals do not exceed 10% of the total. The syndic cannot act as proxy holder. A proxy is valid for one meeting only, unless notarised.

Majorities (article 3.88)

For the absolute majority, abstentions, blank and spoiled votes are not counted as votes cast. If unanimity is not reached because of absences, a new meeting may be held after at least 30 days.

Minutes and written decisions

The minutes are signed at the end of the meeting by the chair, the secretary and all owners still present (or their proxies). The syndic circulates them and enters them in the register within 30 days. Decisions taken in writing, outside a meeting, require unanimity.

Challenging a decision

An owner can ask the court to annul or amend a decision that is irregular, unlawful or tainted by fraud and causes them personal harm, within 4 months of the meeting date. If a deadlock arises for lack of a majority, an owner may also ask the court for authorisation to have urgent works carried out at the association's expense.

Occupants without voting rights (tenants, for instance) are told the meeting date by the syndic and may send written questions or remarks, which are passed on to the meeting.

Read more

• The condominium syndic in Belgium: mandate, duties and reserve fund
• The syndic in Belgium: regulation and reforms

Sources

• Loi du 4 février 2020 portant le livre 3 « Les biens » du Code civil (Moniteur belge, 17 mars 2020), texte consolidé (Justel)

Informational article based on the official consolidated text of Book 3 of the Belgian Civil Code (Justel, Dutch version consulted; translation and paraphrase are ours). Not legal advice.