Deadline for bringing deeds on
co-ownership in line

Attention:
Deadline for bringing the deeds on co-ownership
in line expires on 31 August 2014!!


On 1 September 2010 a new law on co-ownership entered into force (Law of 2 June 2010 amending the Belgian Civil Code in order to modernize the functioning of co-ownership). This law intends to make the rules for co-owners and building managers (whether or not professional) more modern and transparent. (Read also : "New law regarding co-property")

These new rules had also to be implemented in the existing basic deed, the co-ownership regulations and the in-house rules of each co-ownership. The building managers were required to take the initiative in this respect.

In 2011, the deadline was already delayed for two years and would in principle expire on 1st September 2013.

By law of 17 August 2013 the deadline for bringing in line the deeds on co-ownership was once more, but for the last time, prolonged until 31 August 2014. (Read also: "Co-ownership-new deadline")

What happens after 31 August 2014?

What are the consequences or sanctions in case the deeds on co-ownership have not (yet) been brought in line after 31 August 2014?

The provisions on the co-property do not provide for a specific sanction in case one omits to bring in line the articles of association before 1st September 2014.

However, the bringing in line of the deeds on co-ownership is a personal, mandatory obligation of the building manager. The building manager is only required (commitment in terms of result) to submit a coordinated version of the deeds on co-ownership for approval to the General Meeting by 31 August 2014 at the latest. It is of no importance whether or not the General Meeting modifies or approves the coordination made within said deadline, provided that it cannot be proven that the building manager may have acted negligent.

Nevertheless, if the building manager has not submitted a coordinated version for approval to the General Meeting within said deadline (i.e. before 1st September 2014), he risks to be held liable in this respect.

Moreover, Section 577-14 of the Belgian Civil Code stipulates that the provisions on co-property are of mandatory law. The current provisions contained in the articles of association, which do not comply with the now applicable legislation, will thus after 31 August 2014 be replaced by the corresponding legal provisions.

22 August 2014

Pieter Dierckx - pieter.dierckx@peeters-law.be

Read more about this topic : "New law regarding co-property" and "Co-ownership-new deadline".