Together with the basic deed, the rules of co-ownership together form the statutes within an apartment. What are these mandatory regulations? You can read it here!
Contents
- What are the rules of co-ownership?
- What do the regulations say?
- When do the regulations apply?
- What does this mean for tenant and landlord?
- Tips for drafting rules of co-ownership
1. What are the rules of co-ownership?
The rules of co-ownership:
- is a legal document containing rules and regulations on the management, use and maintenance of a multi-owner building, such as an apartment or office building.
- supplements the basic deed with detailed guidelines for such matters as the use of common areas, the sharing of costs between owners, codes of conduct and procedures for decision-making within the co-ownership.
- Is drawn up in an authentic deed by a notary public.
- is prepared in accordance with the requirements of the Civil Code.
- is binding on all owners within the building.
- needs a qualified majority vote to draft or amend: 3/4ths of the vote is required.
2. What do the regulations say?
- The rules for the day-to-day management and use of common areas such as hallways, stairwells, elevators, etc.
- Codes of conduct and rules for e.g. smoking, pets, renovations and subletting. Find all frequently discussed topics in the article: All rental property rules according to legislation: what is allowed and what is not allowed?
- Regulations on apartment rentals, including co-owner consent and registration requirements.
- A procedure for amending the rules of co-ownership, including voting rights and majorities.
- A sharing of common costs between owners, including contributions to maintenance, repairs and insurance.
- Procedures for resolving disputes between owners, such as arbitration or mediation.
- A description of the role and responsibilities of the trustee or co-ownership manager.
- Any other specific rules or provisions relevant to the management and use of the building.
3. When do the regulations apply?
If you buy or rent an apartment or office, and each owner has signed the regulations or the notary has recorded them in an authentic deed, they are binding on all owners within the building. The regulations apply to all aspects of the management, use and maintenance of the building. The basic deed and the rules of co-ownership together form the bylaws of the building.
4. What does this mean for tenant and landlord?
- As the landlord (owner), you must provide the tenant with the rules of co-ownership.
- As a tenant, you must sign your regulations stating that you are aware of and agree to them.
- As a tenant and landlord, you must comply with the regulations.
- Co-owners will hold the landlord (owner) accountable for a violation by the tenant.
5. Tips for drafting rules of co-ownership
- Consult a legal expert such as a notary or lawyer.
- Write in plain language so that the regulations are understandable to any owner.
- Anticipate future developments with flexible clauses.
- Mentioned:
- all essential topics such as codes of conduct, procedures and dispute resolution. Thoroughly analyze all needs and requirements.
- specific rules and regulations for (future) tenants.
- What is the procedure for amending the deed (e.g., what is the required majority vote at the general meeting?).
- You need approval and a signature from each owner.
- Evaluate the regulations regularly to ensure they remain up-to-date with legislation and circumstances.
Would you like to cite this article as a source? Then use:
Stiasteny, L. (2024, Nov. 15). Mandatory rules of co-ownership according to legislation. Apartment.be. Consulted on (date XX/XX/202X), from https://www.appartement.be/verplicht-reglement-van-mede-eigendom/
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