Tips for property managers to enforce internal rules of procedure

But who ensures that these rules are followed, and what means does that person have at their disposal? In addition to the legal rules in the articles of association and the co-ownership regulations, the co-ownership association may draw up internal rules of procedure that set out living rules for the use of common and private parts of an apartment building.

The argument that everyone can do as they please without restriction in their private apartment does not entirely hold. Every owner must take into account the constraints that come with living in co-ownership.

How do you ensure residents comply with the rules?

The rules are enforceable against all residents, all current and future owners, provided they have been notified when purchasing the property, when signing the lease, or afterwards via a registered letter from the property manager.

The property manager is expected to ensure that the rules are applied and respected. This is not straightforward, however, because there is no fine system. Imagine a world with traffic rules but no fines. We can guarantee that few people would follow those rules. The property manager is expected to act like a police officer but cannot issue tickets.

How can the property manager put this into practice?

Where necessary, the property manager should speak to owners or residents who do not respect the rules. It is best to do this verbally. In many cases, the person involved is not aware of the breach or does not know the living rules.

If that conversation does not produce results, the property manager can send a written notice to the person concerned. This can initially be by email or post, and also by registered mail if there is no response to other contact attempts.

If that yields nothing, you can, under Belgian law, opt for a private-law fine after approval by the general meeting. This is a financial sanction charged to the owner of the property concerned. The fine must be defined precisely, in advance and as a fixed amount, and must have a preventive effect. A fine of €50 per breach is common, for example.

Before the property manager can impose this fine, they must gather the necessary evidence. This can be done through photos, findings by a bailiff, or written statements from fellow residents.

A second option is to summon the person concerned before the Justice of the Peace for conciliation, and a final option is to seek a conviction with a penalty payment on the basis of a mandate from the general meeting.

Finally, the affected owner is also free to take action themselves against a resident who disregards the provisions, in accordance with Article 577-9 § 1 of the Civil Code.