How to Read General Assembly Minutes Before Buying an Apartment in Belgium
What must you look for in the co-ownership AGM minutes of the past 3 years? Uncover hidden disputes, elevator repairs, and co-owner payment arrears before signing.
Key Takeaways for Property Buyers
- Belgian law compels the vendor to supply the minutes of all ordinary and extraordinary general meetings of the last 3 years to prospective purchasers.
- Meeting minutes reveal impending major works (roof, elevator, facade) that have already been discussed or approved but not yet reflected on the reserve balance.
- Examine co-ownership harmony and decision-making: are there dissenting owners who consistently vote against maintenance or challenge votes before the justice of the peace?
- Check for member payment arrears: if multiple owners default on service charges, the building’s working cash flow is placed in immediate jeopardy.
1. Why 3 Years of General Meeting Minutes Are Crucial
When purchasing an apartment in Belgium, you acquire not merely the private walls of your flat, but also a fractional share (duizendsten / millièmes) in the common parts of the building.
Resolutions passed by the General Assembly bind every incoming owner. If the assembly voted two years ago to overhaul facades in three years, the invoice amounting to tens of thousands of euros will land fully on the buyer once the payment call is issued after the deed.
Review voting percentages: major works to common elements require a 2/3 qualified majority, while demolition and reconstruction require 4/5. If a resolution was passed with only 60%, it is legally void and vulnerable to court annulment.
2. The 5 Major Red Flags in Co-Ownership Minutes
Never skim AGM reports passively. Focus specifically on these warning signals:
- Repeated agenda items without a formal resolution: points to political paralysis and neglected maintenance.
- Complaints regarding moisture, water infiltration, or foul odors in common areas: typically indicates structural roof or sewage degradation.
- Frequent replacement of the syndic: high turnover in property managers often reflects administrative chaos or entrenched owner disputes.
- Pending litigation before the justice of the peace (Art. 3.92 CC): can create substantial legal fee liabilities for the association.
- Unpaid co-owner contributions: when an owner goes into bankruptcy, solvent neighbors must temporarily front cash to cover utility and heating bills.
Frequently Asked Questions
Who pays for works approved prior to the compromis?
Under Art. 3.94 §2 CC, extraordinary expenses approved by the General Assembly prior to the date of the compromis are the legal liability of the seller, unless the compromis explicitly stipulates otherwise. Always verify this clause!
Can the syndic refuse to provide meeting minutes to a prospective buyer?
The syndic must provide these documents to the notary or seller within 15 days. While buyers cannot demand them directly from the syndic, they are entitled to receive them from the vendor as a mandatory pre-contractual disclosure.
Relevant documents to request for this subject
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