Have you left a co-owners’ general meeting feeling wronged? Does a decision seem irregular, fraudulent, or abusive? You are not alone. Every year, many co-owners in Belgium turn to the courts to contest decisions they believe violate their rights.
But beware: contesting a general meeting decision requires adherence to strict rules and deadlines. Between formalities, gathering evidence, and legal strategies, the road to annulment can be complex.
Legal Framework and Contestable Decisions
Article 3.92, §3, paragraph 1 of the new Civil Code is clear:
"Any co-owner may ask the judge to annul or amend an irregular, fraudulent, or abusive decision of the general assembly if it causes them personal harm."
This provision offers essential protection, but one must understand what qualifies as an irregular, fraudulent, or abusive decision and how to proceed effectively.
- An irregular decision violates legal or statutory provisions, whether in form or substance. Common cases include:
Procedural flaws:
- Lack of notice or late notice (must be at least 15 days before the meeting per Article 3.87, §3)
- Failure to make documents available for consultation
- Issues with proxies (e.g., more than 3 per person)
Substantive flaws:
- Decision made on a point not on the agenda
- Failure to meet required voting majorities
- Overstepping the powers of the general assembly
- Violating the statutes or co-ownership regulations
- A fraudulent decision, while formally compliant, is tainted by deceit in:
- Vote counting
- Misrepresentation of facts
- Manipulations aimed at misleading the assembly
- An abusive decision is one that:
- Conflicts with the common interest
- Imposes disproportionate burdens on a minority
- Causes unjustified harm to certain co-owners
- Is taken without valid reasons or solely to penalize
Example from recent case law: On May 8, 2023, the Justice of the Peace of Woluwe-Saint-Pierre annulled a decision demanding the restoration of a small opening in a tile, ruling that "the inconvenience caused was disproportionate to the benefit sought."
The Crucial Deadline: 4 Months to Act
Article 3.92, §3, paragraph 2 of the Civil Code sets a strict deadline:
"This action must be brought within four months from the date of the general meeting."
Important: This 4-month period is preclusive, meaning it cannot be suspended, interrupted, or extended. Any action brought after the deadline will be deemed inadmissible.
Who Can Contest and Against Whom?
In addition to co-owners, Article 3.93, §5 provides:
"Any person occupying the building under a personal or real right, without voting rights, may request the judge to annul or amend any provision of the internal regulations or any irregular, fraudulent, or abusive decision adopted by the general meeting after the right was granted, if it causes them personal harm."
The action must be brought against the Co-owners’ Association as a legal entity, not against individual co-owners.
The Contestation Process: Key Steps
Step 1: Build a Solid Case
Before taking action, gather all evidence such as:
- Meeting notice
- General meeting minutes
- Co-ownership statutes and regulations
- Documents related to the disputed points
- Correspondence with the property manager
Also:
- Vote against the decision and request that your opposition be recorded
- Take detailed notes of discussions
- Request that your objections be included in the minutes
Step 2: Assess Your Chances of Success
- Is the flaw clearly established and provable?
- Did you personally vote against the decision?
- Did you act quickly enough?
- Has the decision caused you personal harm?
- Do you have enough supporting evidence?
Step 3: Initiate Legal Action
The action must be initiated by summons (not petition) before the Justice of the Peace, against the Co-owners’ Association.
You may request:
- Full annulment of the decision
- Amendment of the decision
- Compensation for damages
Annulment has retroactive effect, meaning the decision is considered never to have existed. Any actions already taken must be undone, and any payments made must be refunded.
Conclusion: Contest Wisely and Seek Legal Support
Challenging a general meeting decision is an important right for co-owners, but it must be approached with caution. Given the strict deadlines, the need for precise legal qualification of faults, and procedural strategy, every detail matters.
The primary goal is to uphold legality and maintain balance in the co-ownership. Depending on the situation, amicable negotiation or calling a new general meeting may sometimes be more effective than legal action.
With extensive experience in real estate and co-ownership law, Vanbelle Law Boutique supports you throughout your contestation process: legal analysis, evaluation of your chances, building your evidence file, negotiation, court representation, and more. Because to contest effectively, you first need the right advice — at the right time.
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