How can you become a voluntary syndic?

Your apartment has already had several professional syndics who delivered poor work. A voluntary syndic may well be the solution, but not everyone is eligible.

A syndic is mandatory in every co-ownership in Belgium. You can choose between a professional syndic and a voluntary syndic. The biggest difference is probably the price. A professional syndic works for a fee, while a voluntary syndic serves free of charge. Is your owners' association convinced that a voluntary syndic is the better option? We would be happy to help you choose a suitable voluntary syndic.

Legal requirements to become a voluntary syndic

Not everyone may become a voluntary syndic. There are legal requirements that must be met to hold the position. These can in fact be summarised as follows: the voluntary syndic must be part of the co-ownership. This means that anyone who owns part of the building may become syndic.

There is no minimum share that must be held. Even when someone owns a single garage box in the building, they may become voluntary syndic. Tenants, however, cannot become syndic, since they do not own the property. The same applies to family members or (ex-)partners of the owner.

Finally, we should mention the arrangement that applies to legal entities. This may occur, for example, in buildings with commercial premises. In that case, a representative of the company may fulfil the role of voluntary syndic.

Scope of syndic duties

We now know who may become voluntary syndic, but that does not mean that person is automatically suitable. Before you take matters into your own hands, we first point out some tasks that a syndic must perform. We can divide these into five categories: general, financial, administrative, technical and legal duties.

• General: The syndic is generally the person who implements the decisions of the owners' association and ensures that all [@portabletext/react] Unknown block type "span", specify a component for it in the `components.types` prop are met. In exceptional cases, such as urgent damage that must be repaired, the syndic may also take decisions independently.
• Financial: The syndic is responsible for the correct accounting of the owners' association and oversees all income and expenditure, as well as operating and reserve funds. In doing so, the syndic must take into account the legal provisions that allow simplified accounting for owners' associations with fewer than 20 units and double-entry bookkeeping from 20 units onwards.
• Administrative: The syndic is also responsible for everything related to the general meeting. The syndic convenes the meeting, draws up the agenda, prepares the minutes and delivers them to the owners' association.
• Technical: The syndic must ensure that the building is kept in good condition. This ranges from the weekly cleaning of common parts to organising repair and renovation works. These works may usually only be carried out after approval by the owners' association, except in the case of urgent works. Here, the syndic may act on their own initiative.
• Legal: In a sense, the syndic also has a legal role to fulfil. The syndic can, for example, legally represent the owners' association and act on its behalf when signing contracts. This ranges from agreements with repair services to insurers.

We would like to emphasise in closing that this list is not exhaustive and is intended solely to provide an overall picture of the syndic's duties.

Can you request a fee as a voluntary syndic?

In a small owners' association, a voluntary syndic is often chosen to save costs. In large owners' associations with hundreds of units, we more often see a professional syndic, because managing them is usually too time-consuming for a voluntary syndic. However, you may request a fee for this.

The fee must then comply with the conditions for volunteer remuneration (under Article 577-8 of the Civil Code) and may not exceed €1,416.16 per year. Always discuss this fee thoroughly with the other owners to avoid conflicts. Finally, the exact fee must be recorded in the voluntary syndic's service contract. That way, there will never be any dispute about payment afterwards.

Switching from a professional to a voluntary syndic

One of the most common reasons for appointing a voluntary syndic is dissatisfaction with the current professional syndic. Before you can appoint the voluntary syndic, you must first dismiss the old syndic or wait until the mandate — which always lasts three years — expires.

It is best to dismiss the current syndic at the annual general meeting. As with all other matters, you must have the syndic's dismissal noted on the agenda by… the syndic. Be very clear in your wording and ask the syndic to record the agenda item in your exact words. This prevents scenarios in which a syndic twists your words in order to remain in office.

In a larger owners' association, it is important to involve all co-owners in this entire process in good time. The dismissal of the syndic must be put to a vote. If no majority is reached, the syndic simply remains in office until the next general meeting.

Software for the syndic

In 2022, you no longer have to manage everything alone as a syndic. SNDQ software can take over time-consuming tasks for you. You enter all your building data once, and the programme then does all the heavy lifting. Think of reminders for installation inspections, sending invitations for the general meeting, and tracking costs.

Curious how SNDQ can help you with your duties as a syndic? Try it now [@portabletext/react] Unknown block type "span", specify a component for it in the `components.types` prop!