How can you change syndic smoothly?

For a smooth change of syndic, you first analyse the current contract, decide on a new alternative and then set up the general meeting correctly. For a good handover of the files, you carefully align the end and start dates and work with a handover checklist. That way, you prevent delays, disputes or administrative uncertainty.

Start with the agreement with your current syndic#

Before you set a change in motion, read the current syndic agreement thoroughly. Look at the length of the mandate, the notice period and any compensation for early termination. Legally, the general meeting can always dismiss a syndic, but contractual agreements can have financial consequences. There is an important difference between a mandate that simply expires and is not renewed, and an early termination halfway through its term. In the first case, no compensation is due. In the second case, contractual provisions may apply and a solid reason usually has to be given.

If you first analyse the current contract thoroughly, you know exactly under which conditions the change can take place. That prevents surprises during or after the general meeting.

Choose your new syndic before you end the current mandate#

It rarely works well to dismiss first and start looking afterwards. Decide in advance how you see the management in the future. That can be a professional syndic, a co-owner who becomes the volunteer syndic, or a shared approach in which several co-owners take on certain tasks, with or without the support of a syndic app. Watch out: you must always officially appoint one person as syndic.

Use the change as the moment to discuss expectations and to organise the management of your building structurally better. It is not only about who takes on the mandate, but also about how you organise the management in practice:

• Who does the accounts?
• How do you ensure transparency?
• How does communication work?
• How are technical files followed up?
• Which digital support do you use?

Ask for several quotes. Don't just compare the price, but above all the content of the services offered, the costs of additional services, the reporting and the liability insurance.

Put the change of syndic correctly on the agenda of the general meeting#

A change of syndic is decided at an (extraordinary) general meeting. That seems obvious, but in practice changes often go wrong because the agenda is drawn up incompletely or too late.

Make sure the following items are explicitly on the agenda:

• termination of the current mandate
• appointment of the new syndic
• approval of the new agreement
• setting the actual start date and term (maximum 3 years)

The notice of the general meeting must be sent at least fifteen days in advance. In principle, it is sent by registered post, unless co-owners have previously agreed in writing to digital communication or ordinary post.

The legal rules for the general meeting must be followed. A correct invitation, clear agenda items, sufficient attendance, a correct vote and unambiguous minutes are essential. That way, you make sure the decision is legally watertight.

How to organise a general meeting correctly, including the quorum rules and voting procedures, is explained in detail in our separate article on the general meeting of an association of co-owners.

Make sure the syndic mandate changes hands smoothly#

The new syndic's mandate starts as soon as the previous syndic's mandate has legally ended. There is no overlap and no interim period between two syndics. There are two scenarios for the end of a syndic mandate:

• The mandate reaches its planned end date and the general meeting does not renew it. In that case, it is best to hold your general meeting before the end date. Because only then can the appointment of the new syndic be officially confirmed.
• The general meeting decides to end the current syndic's mandate early. If the contract includes a notice period, the mandate only ends once that period has expired. If no notice period is provided, the mandate ends at the moment of the general meeting's decision.

Until the mandate has officially ended, the current syndic remains authorised and responsible to act on behalf of the association of co-owners (VME).

Register your new syndic through a business one-stop shop#

Your new syndic must be registered correctly for administrative purposes: the previous syndic's details are deleted and the new one is entered through a business one-stop shop (ondernemingsloket). That way, the appointment is officially published and the new syndic can validly act on behalf of the association.

Arrange a complete handover of the files for your new syndic#

The handover of the files must take place within 30 calendar days of the end of the old mandate. At the same time, the management of the bank accounts must also be arranged. Both the current account and the reserve account are in the name of the association. The new syndic makes the choice here:

• The existing association accounts remain. Only the manager changes.
• The old accounts are closed and new ones are opened in the name of the association.

Preferably work with a handover inventory for the handover of the files, and confirm in writing what was received. The more complete the handover, the sooner the management is stable and running smoothly again.