NEW IN THE CONDOMINIUM REFORM

Lecobel Vaneau is always committed to keeping its customers informed of real estate news. The year 2019 will have been filled with innovations and one of them concerns the co-ownership reform which was adopted by the Council of Ministers and which aims to improve management between co-owners.

It modifies, without upsetting them, the great balances between general assembly, syndic and union council.

Faster decision-making, easier recovery of unpaid charges, compulsory reserve fund, clarification of the trustee's remuneration are some of the novelties introduced by the reform of the law on co-ownerships.

The new co-ownership rules resolve a number of old law bottlenecks and conflicts. One difficulty, for example, involved making decisions about major work on the building and its funding. Here are some important changes in this regard:

Decisions concerning the works in the common areas (for example the renovation of the stairwell, the facade, etc.) had to be taken with a majority of 3/4 of the votes at the general assembly. Since January 1, a majority of 2/3 is sufficient.

Decisions relating to work required by law (for example to comply with insulation standards, fire safety, etc.) were taken by a 3/4 majority, but now this rule is relaxed by introduction of a majority of 50% + 1 vote.

There is no longer any need for unanimity for demolition followed by reconstruction of old apartment buildings: a majority of 4/5 is sufficient, provided that the demolition is made necessary for reasons of health, safety, or because that the renovation would entail disproportionate costs.

Another novelty: if a situation turns out to be completely blocked, the co-owners can apply to the justice of the peace so that the latter appoints a provisional administrator who will take decisions in place of the association of co-owners.

A contribution to the reserve fund is also made compulsory so that the important and necessary investments in the building can be paid for financially: each co-owner must constitute a reserve capital of at least 5% of the amount he pays for the charges ordinary (maintenance work).

Finally, the reform also introduced the principle "the payer decides": if the co-ownership regulations place the costs of a common part exclusively at the expense of certain co-owners, in principle only these co-owners will participate in the vote relating to maintenance , repair or replacement of this common part.

Lecobel Vaneau
Place Brugmann 11, Ixelles 1050
Tel : +32 2 340 72 70
@ : lecobel@lecobel.be