As a Co-Owner, Can You Always Challenge a Decision Made by the General Meeting?
In recent decades, apartment buildings have gained popularity in Belgium. Today, nearly every new residential development results in the creation of a compulsory co-ownership.
Buying an apartment means you suddenly find yourself making decisions jointly with a group of other co-owners. It can almost feel like entering into a marriage with them.
As a co-owner, you are required to take part in decisions concerning the co-owners’ association. These decisions must be approved by a certain majority, as defined by the Belgian Civil Code. Once the required majority has been reached, the syndic (property manager) is authorised to carry out the decision.
The core principle in a system of compulsory co-ownership is: majority rules.
But does this mean you must blindly accept every decision, even if you disagree? Not necessarily. The law explicitly provides the possibility for a co-owner to challenge a decision of the general meeting — provided that certain conditions are met. Frivolous or purely principled challenges are not allowed.
When Can You Challenge a Decision of the General Meeting?
According to Article 3.92 of the Belgian Civil Code, a co-owner may request the court to annul a decision made by the general meeting if the decision is:
- irregular,
- fraudulent,
- unlawful, or
- causes the co-owner a personal disadvantage.
Let’s briefly explain these terms:
▪️ Irregular decision
A decision is considered irregular if it was taken in violation of an essential procedural rule imposed by law or the building’s internal regulations.
Example: a discrepancy between the original minutes of the meeting and the copy sent to co-owners.
▪️ Fraudulent decision
A decision is fraudulent if it was reached through deceitful means or manipulative practices.
Example: creating a fictitious company to obtain extra votes in the meeting.
▪️ Unlawful decision
A decision is unlawful when there is a disproportionate imbalance between the goal pursued by the majority and the harm caused to the minority — or when the majority enforces its will in a way that goes against the general interest or harms even a single co-owner.
Example: refusing to initiate legal proceedings against a co-owner who is clearly violating the building rules.
To be annulled, a decision must fall into at least one of these categories. If it does not, your challenge is unlikely to succeed.
You Must Suffer Personal Disadvantage — and Have Voted Against
In addition to the decision being flawed, you must also prove that it causes you a personal disadvantage. You cannot file a claim solely on behalf of the collective interest or based on principle.
Moreover, only co-owners who voted against the decision or abstained during the general meeting may contest it. If you voted in favour, you lose the right to challenge the decision.
It cannot be the case that you agree with a decision one day, only to change your mind the next — that would undermine the stability of the co-ownership association.
What Is the Deadline to Act?
If you meet the legal requirements to challenge a decision, you must do so within four months of the date of the general meeting.
This is a strict legal deadline (a “forfeiture period”), meaning it cannot be suspended or interrupted. Once this deadline passes, the decision becomes final and can no longer be contested.
The syndic has 30 days after the meeting to prepare and send the minutes to the co-owners. In practice, this means you still have about three months after receiving the minutes to decide whether or not to initiate legal action.
Need Legal Advice?
Unsure whether your challenge would hold up in court? It’s best to seek legal advice as soon as possible to avoid losing your rights due to the expiration of the legal deadline.
Are you in such a situation, or considering contesting a decision by your general meeting?
Feel free to contact one of our Wanted Lawyers. We’ll gladly advise and assist you personally.