Can the headquarters of an association be the home of one of its members?
Verified 29 June 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry for Associative Life
Yes, the head office of an association may be located in the home of one of its members, whether he owns or rents his dwelling.
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The member of the association owns his house
In this case, the fact that an association has its address (domiciliation) within a co-ownership entails compliance with certain rules.
Domiciliation must not affect the rights of the other co-owners and cause neighbourhood disorder.
It must also comply with the rules on co-ownership, in particular the rules on the use of private parts (residential or commercial use) and common parts.
Indeed, the co-owner must obtain the agreement of the other co-owners before change the assignment of its co-ownership lot (transition from residential to associative use). This is the case when the association's activities are carried out at the home of one of its members.
The member of the association is a tenant
A lease cannot prohibit a tenant from carrying out an associative activity.
Thus, the registered office of an association may be fixed at the home of one of its members who would be the tenant of his dwelling.
However, if the tenant's address is the association's address, the tenant must meet his obligations towards his landlord and other tenants or neighbors.
In particular, domiciliation must not lead to the creation of noise nuisance in the event of meetings, irregular occupancy of common areas, ...
The dwelling must remain the dwelling place of the tenant. It cannot become the place of the actual activity of the association through the transformation of the housing into an office. Otherwise, the lease could be terminated.