Co-ownership

The complexity of the Co-Ownership Act and the interpretation of various articles, the various legislative changes, and perhaps especially the general sensitivities when many people live together in one large building, ensure that you have a good partner - your lawyer at Wanted Law. - takes to advise you in your choice.

Your attorney for co-ownership solutions

At the beginning of 2020, the Flemish Region had almost 3.3 million homes, of which almost 1 in 3 or 27.1% residential entities are located in apartment buildings with several apartments.

Apartment buildings are rising like mushrooms from the ground, now that more and more people are opting to buy an apartment because of the more central location, faster rentability, or the convenience of a terrace opposite a large garden with the associated work.

On the other hand, the profession of property manager has become a bottleneck profession.

Not difficult, given the heavy tasks of a syndic, who, in addition to many organizational talents, must be skilled in the administrative, legal, technical and deeply human aspects of living together.

But even for many residents, a choice for living in an apartment may have many advantages, but it also immediately creates a large number of worries, which are much less present when living in a single house.

The complexity of the Co-Ownership Act and the interpretation of various articles, the various amendments to the law, -and perhaps above all- the general sensitivities when many people live together in one large building, ensure that as a property manager or resident you are quite a good partner. takes to advise you in your choices.

We are happy to assist you in all possible aspects:

Syndics

As a Syndic you are often confronted with various challenges within the functioning of the association of co-owners (hereinafter VME). Not only does the syndic manage and represent this association, but he also implements the decisions of the general meeting and also represents the VME in court.

In the performance of your duties as property manager, certain problems may arise with regard to some co-owners, for example because they do not contribute to the common costs of the co-ownership, or because, for example, the internal order regulations are not followed. complied with. In that case, it may be advisable to call on the services of our specialized lawyers, who will closely examine together with you which options are best suited to solve the specific problem. For example, we are thinking of the following (non-exhaustive) problems:

1. Organization of the general meeting

Organizing and convening an (annual) general meeting of co-owners is one of the core tasks of a property manager. While this may seem simple at first glance, it is not always the case in some cases. The legislation on organizing digital and written general meetings has recently been amended (due to the corona pandemic), whereby the formalities of a valid meeting extend just a little further than a physical general meeting. We can advise you appropriately in case of questions or uncertainties.

2. Implementing and executing decisions of the general meeting

The syndic also has the executive monopoly with regard to decisions of the general meeting of co-owners. This can range from deciding to carry out certain maintenance or repair work on communal areas, or deciding to renovate, for example, the facade of the building complex.

What discretion do you have as a property manager when making these decisions?
Can you warn the co-owners about certain risks?
Do you have to request a minimum number of quotes?
How long can I conclude contracts for, for example, maintenance at the request of the VME?

These are all questions that can undoubtedly arise in the performance of the function as a property manager, but to which you will not always immediately find the right answer. With Wanted Law we can help you with this.

The VME can also, by way of example, decide to take legal action against third parties or against other co-owners who, for example, consistently violate the basic deed or the regulations of the Internal Order. It can of course be useful for legal representation to call on the expertise of a lawyer, who can assist you in, for example, drawing up notices of default or effective defense in court.

3. Enforcement of co-ownership and internal order rules

The syndic is also the 'police' of the VME. The property manager ensures that the co-owners (and tenants) comply with the internal regulations and will act appropriately if this does not happen. There are a number of options available to the property manager to enforce the rules, such as drawing up a warning or issuing a private-law fine. Civil proceedings in court are also possible, whereby the property manager must always keep the interests of the VME in mind.

In principle, the property manager must always have the approval of the general meeting in order to take legal action, but in exceptional and urgent cases the property manager can request protective measures from the judge in preliminary relief proceedings, for example to limit damage as much as possible.

In which cases can the property manager take legal action?
And when can he decide that alone?
Can the property manager litigate against one or more co-owners?
When is there an urgency?

Here too, the assistance of a lawyer can make a world of difference, now that this can save you time as a property manager.

4. Collect contributions in the common parts

Syndics sometimes have to deal with co-owners who do not or not timely contribute to the common costs or the funds that they request on the basis of decisions of the general meeting.

What can you as a property manager do against this?
Which steps do you have to take first in order to legally file a claim later through legal proceedings?
How should this be done?
And how do I optimize my collection process?

With Wanted Law we can offer you the right support and assistance to represent your interests as a property manager (and therefore those of the VME) as much as possible and to carry out the tasks that you perform as a property manager.

Owners (/residents)

Anyone who owns a home or commercial property in an apartment complex will know that occasionally problems can arise that you, as the owner, do not always know an answer to immediately. In many cases, these problems are self-explanatory. However, in some cases this is not so obvious, but you can count on the expertise of Wanted Law's lawyers to guide you towards solutions in the form of assistance and advice:

1. The creation of a building and the first general meeting

Purchasing an apartment in a newly built building can be very exciting, but unfortunately in some cases also causes a lot of uncertainty and frustration.

What about the provisional acceptance?
Can the property manager accept the delivery without a mandate from the VME?
What happens at a first general meeting?
What about the contracts and costs that the property manager has entered into for the first general meeting?
As a co-owner, what can I do against decisions of the property manager before the first general meeting?

With Wanted Law we assist you with advice and assistance to get rid of your worries, so that you can enjoy your apartment as it should be.

2. Contacts with the property manager, when addressing the property manager

When problems arise with regard to common parts (but also with regard to private parts), the property manager is the point of contact.

But what is the best way to write to the property manager?
Can you simply exhort individual co-owners to perform certain actions or to refrain from performing certain actions?
What can the property manager do or do with regard to the problems you indicate?

After all, it is not always easy to correctly formulate your questions or concerns.

3. General Meetings

The general meeting of co-owners decides on the ins and outs of the VME. However, there are a lot of rules that you should take into account, for example with regard to voting quotas for specific decisions (such as changing the basic deed).

Can I give a power of attorney to be represented?
Can I decide how I wish to be summoned?
What if I am disadvantaged by a decision of the general meeting, what can I do about this?
How are the communal charges calculated and distributed and can I come back to this at a later general meeting?
What if the syndic refuses to convene a general meeting?
Can the syndic just decide to only hold a written meeting?
Can general meetings be held (based on the corona measures) and how?

You see, the list of possible bottlenecks or issues can be quite large. That is why it is important to ask for the advice of an expert in good time, so that you know exactly which steps can be taken, or which things you should avoid, for example.

4. Various issues

There are still many problems and difficulties that you as a co-owner will sometimes have to face.

What if a co-owner violates the internal order regulations, what can I do about this?
What is the function of the Co-Ownership Council and how does it operate?
What is the status of the tenant in apartment law?
Does it also contribute directly to the communal charges?
Do I have to address the tenant or the landlord in case of violations of the basic deed or the Internal Order Regulations?
Can a tenant be sued directly?
Can the Association of co-owners make decisions about my private property?

In other words, apartment law and the rules on co-ownership in general can be very challenging and lead to uncertainty or ambiguity.

It may be in your interest to act quickly when certain decisions are on the table regarding the functioning of the VME as a property manager, or regarding your interests as an individual co-owner. For legal issues, please contact us. We advise you on the possible solutions and assist you with advice and assistance to provide assistance where necessary.

Where can you contact us?

Request a Wanted Speeddate all of a sudden!

This way you can organize yourself to get a quick first-line help and to see if a tailor-made solution is needed for your legal co-ownership issue!

Do you have a problem and would you like affordable legal advice?

Book a consultation at Wanted Law!