Legal Obligations of the Syndic in Belgium

The syndic plays a key role in the management of condominiums in Belgium. They ensure the smooth running and maintenance of common property. The legal obligations incumbent on the managing agent guarantee controlled and transparent management. These regulations are essential to prevent conflicts between co-owners. The aim of this article is to detail the main legal obligations with which a managing agent must comply.

Financial Management Obligations

Managing condominium accounts

Financial management is a major responsibility for the building manager. They must keep rigorous, separate accounts for each property they manage. This helps to clarify financial movements. The managing agent must draw up regular financial reports. These reports inform co-owners about the financial health of the condominium.

Approval of budgets and expenses

Another important obligation concerns the condominium budget. The syndic prepares the annual provisional budget. This budget is then submitted to the General Meeting for approval. It is essential to allocate expenses correctly among co-owners. The syndic must also monitor the evolution of these charges throughout the year.

Creation of a Reserve Fund and a Working Capital Fund

The syndic also has a legal duty to set up specific funds. This includes a reserve fund for unforeseen expenses. In addition, a working capital fund is required for day-to-day operations. These funds ensure that the condominium can meet its financial obligations. They represent protection against major financial incidents.

Maintenance and work obligations

Maintenance of common areas

The syndic is responsible for maintaining the common areas. This includes lobbies, staircases, elevators and roofing. The syndic selects and manages the service providers and companies entrusted with these tasks. He must ensure that maintenance work is carried out regularly. Good management prevents deterioration and conflicts between co-owners.

Work and Repair Management

The syndic organizes the necessary work after obtaining the approval of the General Meeting. He draws up estimates and compares offers. Once approved, he supervises and coordinates the work. Respecting deadlines and budgets is crucial. The syndic must ensure that the work is carried out to the required standards.

Compliance with safety standards

The building manager is responsible for ensuring compliance with safety standards in the building. This includes elevators, electrical installations and public spaces. The managing agent must prepare regular audits to detect any malfunctions. Corrective measures must be implemented quickly. This ensures the safety of residents and minimizes the risk of accidents.

Administrative and legal obligations

Calling the Annual General Meeting

The syndic is responsible for organizing the annual General Meeting (AGM). He is responsible for preparing the agenda. Notices must be sent out within the legal deadlines. These deadlines are generally set by legislation. Co-owners must be provided with all relevant documents to ensure a clear understanding of the issues to be discussed.

Drafting of minutes

The managing agent draws up the minutes of AGM meetings. These minutes must be clear and precise. They must include the decisions taken at the meeting. The minutes must be distributed to co-owners within the deadlines set by legislation. This ensures transparency and proper follow-up of decisions.

Compliance with the Condominium Act

The syndic must ensure that the condominium complies with current legislation. This includes the law of June 2, 2010, amended by the law of June 18, 2018. The syndic is responsible for ensuring compliance with legal rules. This obligation covers various aspects, including financial management and relations between co-owners. Failure to comply with these regulations may result in sanctions.

Disclosure and Transparency Obligations

Communication with co-owners

The syndic must provide regular information to co-owners. This information covers the state of the condominium and its finances. Accounts must be updated and accessible. Reports on work projects must also be provided. This transparency fosters trust between the syndic and the co-owners. It is essential that these communications are clear and comprehensible.

Access to accounting documents

Co-owners have the right to access accounting documents. This includes balance sheets, budgets and expense statements. The managing agent must guarantee simple and direct access to this information. Documents must be available on request or for consultation. This process ensures the transparency of decisions taken by the managing agent. It also makes it possible to verify the proper management of the condominium’s finances.

The syndic in Belgium has several legal obligations. He must manage the co-ownership in accordance with the rules in force. He is responsible for drafting minutes and communicating information to co-owners. Compliance with these obligations is essential for transparent management. Co-owners must monitor the actions of the managing agent. They can take legal action if his obligations are not respected.