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Condominium Settlement

Verified 01 juin 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The condominium by-law is a written document that defines the rules of operation of the building and specifies the rights and obligations of the co-owners. Changes to the co-ownership rules are subject to separate voting rules depending on their nature. The co-ownership trustee is responsible for its application.

The condominium by-law is a written document that defines the organization and operation of the building.

It is mandatory and must be written by a professional (a notary for example).

The condominium regulation is imposed on the tenants and co-owners of the building. The condominium trustee is responsible for its application.

Practical rules of life

The condominium by-law sets out the living rules within the building, including:

  • the conditions of use of private parties (e.g. prohibition of hanging laundry on windows, limitation of work to certain days and hours),
  • the conditions of use of common areas (e.g. use of bicycle storage),
  • the destination of the building..

The condominium by-law must also list special communal areas and common areas for private use if they exist.

Management Rules

The condominium rule determines the organization of the condominium, for example:

  • Allocation of charges between co-owners and method of calculation for establishing assessments each
  • Rules for the administration of common areas
  • Description of division of the immovable identifying each condominium lot by number followed by the information relating to each of them (inventory of private lots)

  FYI : the descriptive statement may be independent of the condominium by-law (in this case, it is attached).

A copy of the condominium by-law must be given to the co-owner of the batch and to the tenant if the accommodation is rented.

In case of loss of the co-ownership settlement, a copy can be obtained from:

  • your lessor if you are a tenant,
  • or another co-owner, including a member of union council if you are a co-owner.

If no one has been able to provide you with a copy of the payment, you can request it at trustee.. However, the latter is not obliged to accept and may also provide for a billing to render this service (variable fees according to the trustee contract).

You can also obtain a copy of the condominium by contacting the Land Advertising Service. The application is to be made through a form that differs depending on the date of registration of the condominium settlement (before or after 1956). The request for a copy at the Land Advertising Service costs €30..

Condominium rules registered in 1956 or later

Copy of documents (deed of sale, donation, condominium settlement...) registered after January 1, 1956

Cerfa n° 11187*05 - Ministry of Finance
Other number : 3236-SD

This form must be sent in 2 copies (single or registered mail) to the Land Advertising Service of the place where the accommodation is located.

Who shall I contact

Before 1956

Copy of documents (deed of sale, donation, condominium settlement...) registered before January 1, 1956

Cerfa n° 11273 - Ministry of Finance
Other number : 3231-SD

This form must be sent in 2 copies (single or registered mail) to the Land Advertising Service of the place where the accommodation is located.

Who shall I contact

Update

The regulation must be adapted to legislative developments.

There is an obligation to bring the condominium by-laws into line before 23 November 2021 to specify the lots of condominiums, special common areas and common areas for private use.

The regulations and all subsequent amendments are published by the notary for the conservation of mortgages.

This publication makes the provisions of the Regulation enforceable against all. It is therefore imposed not only on the co-owners and occupants of the building, but also on future buyers.

Majority rules

Any modification of the condominium rules must be authorized by a vote at a general meeting. The issue of the amendment must be listed in agenda of the general assembly..

The vote of the co-owners differs depending on the nature of the amendment.

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Load distribution

Work realization

The new burden-sharing procedure must be voted on by the same majority as the one on which the work was voted.

Purchase of a private part

The new distribution of the expenses must be voted by the same majority as the one to which the purchase was voted.

Sale of a common part

The new distribution of the expenses must be voted by the same majority as the one to which the sale was voted.

Change of use of a private part

The new burden-sharing arrangements should be voted on at absolute majority..

Other Change

Unanimity is required.

Destination of the building

Unanimity is required to change the destination of the building. This is the case, for example, in the case of the abolition of an exclusive bourgeois housing clause designed to allow the exercise of a liberal profession.

Use of common areas

The double majority is required for the modification of the condominium by-law concerning the enjoyment, use and administration of the common parts.

Compliance with the law

The simple majority is required.

The trustee must ensure compliance with the provisions of the condominium regulation. For example, in case of inconvenient or abusive parking, the trustee must notify the person concerned by mail to remind him of the applicable rules.

  Warning : the co-owner-lessor's liability may be incurred if he does not intervene with his tenant who does not respect the co-ownership rules.

If the condominium regulation is not respected, the court can be entered by:

  • the syndicate of joint owners,
  • the trustee,
  • any co-owner.

In all cases, a bailiff's report is necessary to establish the infringement of the condominium regulation.