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The council of co-ownership
The council of co-ownership: mandatory, optional, or redundant
If you live in an apartment building, you have probably heard of the council of co-ownership. What this body exactly does, who is part of it, and whether your building is required to have one remains unclear for many co-owners. We have outlined everything for you.
On this page
- What is the council of co-ownership?
- When is it mandatory?
- Who is in it, and for how long?
- The four bodies of the Owners Association
- What exactly does the council do?
- How do you become a member?
- Benefits for your Owners Association
1 What is the council of co-ownership
The council of co-ownership is a supervisory body within the Owners Association (VME). It stands between the general meeting and the Property Manager, and oversees the management of the building. This used to be called the "board of directors," but that term has long since fallen out of use.
Important: the council does not make decisions regarding the management of the building itself. That remains the competence of the general meeting. The council ensures that everything proceeds correctly and provides you, as a co-owner, with an extra pair of eyes on the work of the Property Manager.
2 When is a council of co-ownership mandatory
The Belgian Apartment Act establishes this clearly. A council of co-ownership is mandatory in buildings with at least 20 private units. Cellars, garages, and parking spaces do not count toward this total. It concerns actual residential units, offices, or commercial spaces.
In very small buildings of four or five apartments, good contact between the co-owners and the Property Manager is usually sufficient.
Do you have 20 units or more in your building? Then the first general meeting must establish a council of co-ownership. No separate vote is required for this: it follows directly from the law.
3 Who is on the council, and for how long
The law is strict on this point: only co-owners can become members of the council. You must have voting rights in the general meeting. Therefore, your tenant, your partner without an ownership share, or your accountant cannot take a seat.
One absolute exception: the Property Manager themselves. Even if they happen to be a co-owner in the building, they cannot possibly supervise themselves. This prohibition is explicitly stated in the Civil Code.
Number of members
The Apartment Act does not impose a minimum or maximum. In practice, a council works best with three to five members. A minimum of two is vulnerable: in case of illness or vacation, operations come to a standstill. More than seven becomes unwieldy, planning meetings becomes difficult, and responsibility is diluted.
Term of office
The mandate standardly runs until the next ordinary general meeting, so usually one year. After that, members can stand for election again. There is no legal limit on the number of consecutive mandates.
Chairman
While not legally required, in practice, the council appoints a chairman from among its members to lead the meetings and coordinate communication with the Property Manager. Note: the chairman of the council is not the same person as the chairman of the general meeting. The latter is elected at the start of each GM and does not need to be a member of the council.
4 The four bodies of the Owners Association
Many co-owners think that the auditor is a member of the council of co-ownership. That is incorrect. The Belgian Apartment Act assigns four separate bodies to the Owners Association:
The general meeting: Always mandatory
The auditor: Always mandatory
The Property Manager: Always mandatory
The council of co-ownership: Mandatory from 20 units
The first three are mandatory in every Owners Association, regardless of the size of the building. The auditor checks the accounting and the financial actions of the Property Manager: invoices, the current and reserve fund accounts, and the distribution keys. Once a year, they report to the general meeting.
Division of supervision: the auditor performs the financial and accounting supervision. The council of co-ownership performs the administrative and technical supervision.
Is the same person allowed to take on both roles? Yes, legally there is no prohibition on combining them. In practice, we rarely recommend this, as you then lose the added value of two independent supervisory bodies. Only the Property Manager may be neither a member of the council nor the auditor.
5 What does the council of co-ownership do
The core task: supervising the Property Manager. The council checks whether the Property Manager correctly carries out the preservation and management of the common areas. Specifically, it concerns matters such as:
- Does the Property Manager follow up on the decisions of the general meeting?
- Are quotes correctly requested and compared?
- Are repairs and maintenance works proceeding smoothly?
- How does the Property Manager handle complaints from co-owners?
- Is the communication to the residents correct?
To be able to carry out this supervision, the council has the right to inspect all documents related to the management of the co-ownership. No document may be withheld from the council.
The annual report
The council prepares a detailed annual report. This report is sent to all co-owners and provides an overview of the findings regarding the management of the Property Manager, including between two general meetings.
Extra tasks
The general meeting can assign extra tasks to the council with a 2/3 majority, for example, requesting quotes for the renovation of the entrance hall. These assignments are valid for a maximum of one year.
What is the council NOT allowed to do?
- Make no decisions that legally belong to the general meeting
- Take over no tasks that are legally assigned to the Property Manager
- Not convene the general meeting (although every member can provide agenda items)
The council is a supervisory body, not an alternative management.
6 How do you become a member of the council of co-ownership
As a co-owner, you can submit your own candidacy. Here is how you do it:
1 Put it on the agenda: Submit your candidacy to the Property Manager in time so that they can place it on the agenda of the general meeting.
2 Introduce yourself briefly: What experience do you bring? Do you have time? What motivates you? A short motivation helps co-owners to determine their vote.
3 The general meeting votes: Each candidate member is elected individually with an ordinary majority (50% + 1).
You don't need to be a lawyer or a real estate expert to sit on the council.
What is useful: a healthy dose of critical thinking, a good eye for figures, and the willingness to set aside a few hours a month.
7 The benefits of a well-functioning council for your Owners Association
- Extra supervision: The council watches along, asks critical questions, and catches problems early.
- Faster decision-making: Between two GMs, the Property Manager can consult the council as a sounding board. Files do not sit idle for as long.
- Better communication: The annual report keeps all co-owners informed, even outside the meeting period.
- More trust: A council that oversees creates space for open dialogue. Small annoyances are less likely to grow into major conflicts.
- Long-term management: Reserve fund, multi-year plan, choice of suppliers: the council helps the Property Manager to approach these files strategically.
Questions about the council in your building
At Parte, we have been guiding our Owners Associations for years in their collaboration with their council of co-ownership.
A strong council is not an obstacle for a professional Property Manager, but rather an important partner.
Care Today, Value Tomorrow starts with good governance.
Work with Parte
Will you also choose Parte?
At Parte, you get the best of both worlds: the personal approach of a local team that knows your building, and the strength of a professional group. One dedicated contact person, pooled expertise, and modern technology that a solo Property Manager cannot match. Request a non-binding quote today.
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