10/10/11

New co-ownership law: deadline extension for bylaws adaptation

The new co-ownership law of 2 June 2010 (see Newsflash: “New Belgian property co-ownership law explained”) mandated the co-property manager (‘syndic’) to have the adaptation of the basis deed, the rules of co-ownership and the internal rules submitted to the general meeting of co-owners before 1 September 2011. A recent amendment of this law dated 13 August 2011 (M.B./B.S. 29 August 2011) extends the deadline by two years. Consequently, property management agencies have until 31 August 2013 to prepare the adaptation of the bylaws and submit it to the general meeting of co-owners for approval.

In addition to the deadline extension, the law of 13 August 2011 amending the new co-ownership law also provides that if the adaptation of the bylaws requires a notary deed, which is the case if the general meeting of co-owners is to approve modifications to the bylaws, the deed should be registered at the Mortgage Registry Office under the collective name of the association of co-owners and not in the name of each individual co-owner.

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