Owners of buildings such as apartments and offices in Flanders are required to submit these documents for co-owned buildings. Read here about the basic deed, rules of co-ownership and internal order.
What is co-ownership?
Co-ownership means owning a building or piece of land with other people. For example, of a land, apartment or office building. As a co-owner, you own part of that building or land. As a co-owner, you must submit mandatory documents for co-owned buildings.
The Association of Co-owners (VME).
All co-owners together form the legally required organization: the Co-owners’ Association (VME) of that building. As VME of a building:
- you share responsibility together for the management, maintenance and cost of the common part.
- make decisions together on important matters affecting the building, such as renovations or changes to the common parts.
Tasks of the VME are:
- Management of common parts: You manage and maintain common areas, such as the stairwell, entrance hall and elevator.
- Financial management: You prepare a budget, collect contributions from co-owners, pay common expenses and manage reserve funds.
- Administrative management: You keep administrative documents (minutes of the general meeting, the basic deed, the rules of co-ownership and the rules of internal order) and ensure compliance with these legal requirements.
- Representation of co-owners: You represent the common interests of all co-owners and act on their behalf in legal and administrative matters relating to the building. E.g. in disputes.
- Organization of the general meeting: You organize regular general meetings in which you make decisions on important matters related to the building. E.g. budgets, maintenance projects and changes to the common parts.
The general assembly
In the general assembly, you do this:
- You make important decisions.
- You are transparent and communicate about important issues.
- You record decisions and discussions at the general meeting in minutes.
- You inform co-owners in advance in a timely and accurate manner about the meeting and agenda items.
- You decide on the content of the basic deed, the rules of co-ownership and the rules of internal order.
- You cast your vote on proposed decisions. You approve decisions if there is a majority vote, unless the law or the bylaws provide otherwise.
- You will meet at least once a year at the general meeting, but can also be called when necessary to discuss important issues.
Required documents for co-owned buildings
For the management and responsibilities of co-owners to run smoothly, there are crucial papers that define the management and responsibilities of owners. These are the basic deed, the rules of co-ownership and the rules of internal order. These are the mandatory documents for co-owned buildings.
The basic deed
- Definition: The basic deed is a legal document that establishes important rules and regulations for the management and use of a multi-owner building.
- Content:
- Description of the building and the division of private and common parts.
- Determination of each owner’s share of the common parts.
- Content examples:
- Description of individual apartments and common areas such as hallways, elevators and gardens.
- Overview of owners’ responsibilities regarding maintenance and costs.
- Find all the details in the article: Mandatory basic deed for apartments according to legislation
The rules of co-ownership
- Definition: The rules of co-ownership is a legal document that together with the basic deed forms the statutes of the building.
- Content:
- Detailed rules and regulations for the management, use and maintenance of the building.
- Regulations regarding responsibilities and decision-making of co-owners.
- Content examples:
- Rules for maintenance of common areas.
- Procedures for making decisions at the general meeting.
- Find all the details in the article: Mandatory rules of co-ownership according to legislation
The rules of internal order
- Definition: The Rules of Internal Order is an additional document that governs rules of conduct and daily aspects of coexistence within the building.
- Content:
- Rules for cleanliness, safety and daily operations.
- Possible legally required agreements, such as rules for the general meeting and the trustee.
- Content examples:
- Rules for noise and pets.
- Procedures for using common facilities such as laundry rooms or bike racks.
- Find all the details in the article: Mandatory rules of internal order according to legislation
Sources: Dewaele, Notary, Zimmo
Would you like to cite this article as a source? Then use:
Stiasteny, L. (2024, May 9). Mandatory documents for co-owned buildings. Apartment.be. Consulted on (date XX/XX/202X), from https://www.appartement.be/documenten-voor-gebouwen-in-mede-eigendom