Is a syndic mandatory?
A syndic is almost always mandatory for co-ownership in Flanders. However, there are exceptions to the rule.
The word syndic rings a bell for everyone — though for some louder than others. We explain everything you need to know about this role.
If you have landed on this blog, there may be a few reasons for that. Perhaps you have a poor syndic and want to remove them as quickly as possible? Perhaps you have no syndic and want to know to what extent that is a problem? Or perhaps you are looking for general information about the syndic? Whatever the reason, we provide the information you are looking for.
The syndic: definition
When we talk about "" in Belgium, we are in fact referring to the syndic of the association of co-owners. The definition of syndic already clarifies a great deal: "A syndic is, under Belgian law, the executive body (natural person or legal entity) of the Association of Co-owners responsible for the day-to-day management of the co-ownership. More specifically, the syndic is charged with overseeing the maintenance and repairs of the common parts of a built immovable property."
In short, a syndic ensures that the apartment building remains in good condition and that everything meets the residents' expectations.
When is a syndic mandatory?
A syndic is a for every co-ownership (apartment building) in Belgium. It does not matter how large or small the building is. As soon as there are multiple units with different owners, this constitutes co-ownership and a syndic is required.
There is, however, an exception to this rule. The bylaws sometimes state that the building does not have to comply with the legal provisions on co-ownership because "the nature of the immovable property justifies this". In plain language, this means that a small co-ownership, such as a building with two apartments without a lift or garden, sometimes does not need to have a syndic.
If a co-owner nevertheless wants a syndic at a certain point, this matter must go before the justice of the peace, because there is no legal entity within the building at that time. This is, finally, the procedure to follow when a co-ownership has no syndic (any longer).
Is a syndic mandatory when all units belong to one owner?
As we briefly mentioned above, a syndic is mandatory when there are multiple units with multiple owners. When all units in a co-ownership belong to the same owner, there is no syndic required. In this case, the owner will probably not occupy all the units themselves, but rent them out. Management of the common parts is then entirely the responsibility of the owner. If they do not want to carry out the management themselves, no syndic needs to be appointed, but a .
If this owner decides to sell one or more units, a syndic is required.
Can you dismiss a syndic?
The short answer: yes, you can. As you may have suspected, you must have a new syndic who can immediately take over from the old one. The procedure for dismissing a syndic is relatively straightforward. You must include this as an agenda item for the general meeting and then hold a vote with all co-owners. A new professional or voluntary syndic can then be appointed.
Can you become a syndic yourself?
Again, the short answer: yes, you can. Anyone who is part of the association of co-owners can stand as a voluntary syndic. If there are garage boxes in the building's car park, it is even possible for an owner of these boxes to become a voluntary syndic without owning an apartment. you can read more about how to become a voluntary syndic and what you need to be able to do.
Both the professional and voluntary syndic benefit from good software to carry out their tasks successfully. Try SNDQ free for 14 days and .
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