How to Run a General Assembly in Belgian Co-ownership: Complete Guide
The general assembly (GA) is the supreme decision-making body of every Belgian co-ownership. Under Art. 577-5 of the Belgian Civil Code, the association of co-owners (ACP — association des copropriétaires) has legal personality from the moment the base deed is registered. The GA is where co-owners collectively exercise their rights over the common parts of the building.
Annual Obligation and Convocation Rules
Belgian law requires at least one ordinary GA per year, during the 15-day period set in the co-ownership regulations (Art. 577-6 §2 Belgian Civil Code). The syndic must send convocation notices at least 15 calendar days before the meeting (Art. 577-6 §3 Belgian Civil Code). These notices must be sent by registered letter — electronic convocation is only permitted if an owner has given prior written consent to receive notices electronically.
The convocation must include a detailed agenda, any proposed resolutions, and the relevant supporting documents. Items not on the agenda cannot be validly voted upon. Extraordinary GAs can be convened at the request of one or more co-owners holding at least one-fifth (20%) of the shares.
Quorum and Voting Majorities
A valid GA requires a quorum: more than half of the co-ownership shares must be present or represented by proxy (Art. 577-6 §5 Belgian Civil Code). If the quorum is not reached, a second GA must be convened at least 15 days later, which can deliberate regardless of the shares represented.
Belgian law prescribes different majorities depending on the decision:
- Simple majority (50%+1 of present/represented shares): routine management, approval of accounts, budget adoption, appointment of the syndic.
- Two-thirds majority (2/3 of all shares): energy-related works and renovations (Art. 577-6 §8 Belgian Civil Code). For example, installing solar panels or insulating the facade.
- Four-fifths majority (4/5 of all shares): structural modifications, changes to common parts, amendments to the co-ownership regulations (Art. 577-6 §11 Belgian Civil Code).
- Unanimity: dissolution of the ACP or complete reconstruction of the building.
Practical example: In a building with 1,000 total shares, suppose 600 shares are present or represented. A simple majority decision requires 301 shares in favour. A two-thirds decision requires 667 shares of the total — meaning if only 600 are present, the motion cannot pass even with unanimous support from attendees. This is why proxy collection matters.
Minutes Obligations
The minutes (procès-verbal) must be drafted during the meeting and signed by the chairperson, the secretary, and all co-owners still present at the close (Art. 577-6 §10 Belgian Civil Code). The minutes must record each resolution and the voting result. Owners who voted against or abstained should ensure this is recorded, as it affects their right to challenge decisions in court.
The syndic must send the minutes to all co-owners — including those absent — within 30 days of the meeting. This 30-day deadline is critical because it triggers the 4-month period during which a dissenting or absent owner may challenge a resolution before the justice of the peace (Art. 577-9 §2 Belgian Civil Code).
Common Mistakes to Avoid
Many co-ownerships fall into procedural traps that can lead to annulment of decisions. The most frequent errors include: sending convocation notices late (less than 15 days), adding items during the meeting that were not on the agenda, failing to verify proxies (each person may hold a maximum of three proxies unless they represent more shares than they hold personally), and not having the minutes signed on the spot. Each of these defects gives grounds for a legal challenge within four months.
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