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Extraordinary General Meeting (EGM)
What is an Extraordinary General Meeting within an Owners Association
An Extraordinary General Meeting (EGM) is an additional meeting of the Owners Association (VME) organized when urgent or important decisions must be made that cannot wait until the annual General Meeting (GM).
In Belgium, the operation of an Owners Association is regulated by the Civil Code (Book 3 – Property Law) and the regulations of co-ownership. The annual General Meeting is mandatory, but when an important situation arises in the interim, an Extraordinary General Meeting can be convened.
An EGM has the same legal validity as a regular General Meeting. The decisions made during the meeting are binding on all co-owners, provided that the legal procedures have been correctly followed.
When is an Extraordinary General Meeting organized
An EGM is organized when a decision cannot wait until the next annual General Meeting.
Common situations include:
- serious water or fire damage;
- urgent roof or facade works;
- unexpected repairs to the elevator;
- approval of an extra budget for necessary works;
- appointment or dismissal of the Property Manager;
- replacement of major technical installations;
- legal proceedings against contractors or suppliers;
- approval of a loan for major renovation works;
- decisions regarding energy-saving investments, such as solar panels or charging stations;
- safety issues that must be addressed immediately.
The larger the apartment building, the more often situations may arise that necessitate an Extraordinary General Meeting.
Who can convene an Extraordinary General Meeting
Within an Owners Association, an EGM can be convened in several ways.
The Property Manager
In practice, the meeting is usually convened by the Property Manager when:
- a legal obligation must be met;
- an important investment must be approved.
- an urgent decision is necessary;
The Property Manager is responsible for the correct invitation of all co-owners.
Co-owners
Co-owners can also request an Extraordinary General Meeting.
According to Belgian regulations, one or more co-owners representing at least 20% of the shares in the common parts can request the Property Manager to convene a General Meeting.
If the Property Manager fails to act on this within the legal timeframe, the requesting co-owners may, under certain conditions, organize the meeting themselves.
How does an Extraordinary General Meeting proceed
The procedure hardly differs from the annual General Meeting.
1
Notice
Every co-owner receives an official invitation containing:
date,
time;
location or digital meeting details,
agenda,
and documents required for decision-making.
In principle, only the items listed on the agenda can be legally discussed and approved.
2
Discussion of agenda items
During the meeting, the Property Manager or an expert explains the files.
Co-owners can:
ask questions,
formulate remarks,
propose alternatives,
and request additional information.
For larger renovation projects, quotes from different contractors are often discussed.
3
Voting
After the discussion, each agenda item is voted on separately. The required majority depends on the type of decision, as determined in the Belgian Civil Code.
4
Minutes
Afterwards, the Property Manager prepares the minutes.
These include:
attendees,
voting ratios,
decisions made,
and any remarks.
The minutes are then delivered to all co-owners.
Which topics are often on the agenda
An Extraordinary General Meeting usually handles topics that are financially or technically significant.
1
Major renovations
roof renovation -
facade renovation -
concrete repair -
elevator modernization.
2
Technical installations
replacement of the heating boiler -
installation of solar panels -
installation of charging stations -
ventilation systems -
fire detection.
3
Financial decisions
requesting extra provisions -
supplementing the reserve fund -
approval of a loan -
budget changes.
4
Management of the Owners Association
appointment or dismissal of the Property Manager -
modification of maintenance contracts -
legal disputes -
insurance matters.
Are co-owners obliged to attend
No. When a co-owner cannot be present, he or she can:
- give a proxy to another co-owner;
- appoint a third party to represent them;
- participate digitally, if this is provided for in the notice and legally permitted.
Even when a co-owner is not present, they remain bound by the legally made decisions.
What happens if a decision is urgent
Some problems allow for no delay.
Consider, for example:
- an unstable facade;
- an elevator that is out of service;
- a serious water leak;
- storm damage;
- a defective fire protection system.
In such situations, the Property Manager may take the necessary preservative or urgent measures to prevent further damage or danger. For structural works or important financial decisions, an Extraordinary General Meeting is then organized as soon as possible.
Can a decision be challenged
Yes. A co-owner who believes that a decision:
- is contrary to the law;
- was not reached according to the correct procedure;
- harms the interest of the Owners Association or the co-owners;
can file a claim with the competent court within the legally provided period to have the decision annulled or modified.
Frequently Asked Questions
1
Is an Extraordinary General Meeting mandatory?
No. An EGM is only organized when an important or urgent decision cannot wait until the annual General Meeting.
2
Who pays the costs of an EGM?
The costs are borne by the Owners Association and are included in the common management costs.
3
How quickly can an EGM be organized?
That depends on the urgency of the situation and the legal notice periods. The Property Manager must invite all co-owners in a timely manner so that they can participate or give a proxy.
4
Can the Property Manager decide alone?
No. The Property Manager may only act independently for urgent or preservative measures. For important investments, exceptional expenses, or structural decisions, approval from the General Meeting is required.
Conclusion
An Extraordinary General Meeting within an Owners Association is an important tool for making quick and legally valid decisions when urgent or exceptional situations arise. Whether it concerns a major renovation, unexpected repairs, a change in management, or an important investment, the EGM ensures that all co-owners have a say. Thanks to clear legal rules on convening, decision-making, and required majorities, the Owners Association can function efficiently and the interests of all co-owners remain protected.
Together we decide today for a good management and future of our Owners Association.
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