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This is how you contest a decision of the general meeting of co-owners

Give a reaction / real estate law / By adv. Jan Roodhooft


The important decisions within an apartment building are taken by the so-called general meeting of co-owners. What can you do if a decision is made there that you do not agree with? What steps can you take then?

As the owner of an apartment building, you can not only decide on matters that concern the building and the common parts. On the contrary, those decisions are often taken  by the general meeting of co-owners with a simple (or larger) majority of votes.

Vote against

If you do not agree with a certain proposal submitted to the general meeting of co-owners, you must vote against.  do not question the question later.  If you give someone a proxy to attend and vote at the general meeting in your place, give them clear instructions on how to vote at the meeting .

Challenge a decision?

If a decision is eventually made that you do not agree with, you can contest it under certain conditions. The law says that every co-owner can ask the court to annul or change an irregular, fraudulent or unlawful decision of the general meeting. , fraudulent or illegal. In addition, in order to challenge the decision, it is required that it puts you at a personal disadvantage. If you want to challenge a decision, talk to a lawyer about your chances.

How to proceed?

Know that a decision of the general meeting cannot be appealed indefinitely.  You must do so within 4 months from the date on which the general meeting took place. The justice of the peace of the place where the building is located has jurisdiction.

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