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Co-owners jointly examine rights and obligations of the HOA

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Rights and duties in co-ownership: what every owner should know

Updated on 17 nov 2025

Picture this. You live in an apartment building with ten flats. Everything runs smoothly… until the first disagreement pops up. Who should take out the bins? Can your neighbour on the third floor just install another window?

Before you know it, you're not just a resident. You're part lawyer, part insurer, part hall-monitor of the internal rules. Welcome to the wonderful world of co-ownership.

The good news? It doesn't have to be chaos. The rules exist for a reason. You just need to understand them and trust us, it's simpler than it looks. This article gives you a clear overview of your rights and duties as a co-owner, without needing a law degree.

The basic deed: your building's passport

Every apartment building has a basic deed. Think of it as the birth certificate of your property. It clearly states:

  • What's shared by everyone (the lift, the roof, the hallway…)
  • What's private (the apartments, storage rooms…)
  • How ownership is divided into percentages: the quotas.

Those percentages aren't just numbers. They decide how much each owner contributes to shared costs. Got a penthouse with three terraces? You'll pay more than the resident of a compact studio. Fair enough.

The basic deed brings clarity: you know what's yours and what's shared. According to Belgian co-ownership law (VME), it's the foundation for good building management. Without it, there's no structure.

The co-ownership rules: the playbook

Next to the deed, there's the co-ownership regulation. It's the building's playbook: what's allowed and what's not.

A few classic examples:

  • You can live in your apartment, sure. But can you turn it into an office or an Airbnb? That's covered here.
  • Can you paint the facade any colour you like? Or must everyone agree first? Also here.
  • Are pets allowed? What about flower boxes on balconies?

This document ensures clear communication within the co-owners' association (VME). Everyone follows the same rules, and the agreements are written down. It is preventing confusion and conflict.

The internal rules: the daily manual

If the basic deed is the passport and the co-ownership regulation the playbook, the internal rules are the household manual. They cover the daily practicalities:

  • What time can you use the pool?
  • Who takes the bins out?
  • How do you reserve a shared recreation space?

It might sound trivial, but these small agreements make or break harmony in a building. They bring peace, clarity and efficiency.

Together, the basic deed, co-ownership regulation and internal rules form the statutes of your building: mandatory, legal documents every building must have.

The general assembly: where decisions are made

Once a year, all co-owners gather for the general assembly (GA). It sounds heavy, but it's basically the annual meeting where everyone gets their say.

The agenda always includes mandatory points:

  • Approval of the annual accounts
  • Budget for the next year
  • Appointment or renewal of the property manager.

Co-owners can also add topics. It is crucial to add those upfront. Only items officially on the agenda can be discussed and voted on.

During the meeting, decisions are made on everything from fixing the lift to installing solar panels.

Tasks of the property manager: voluntary or professional?

The property manager is the engine of your building. They make sure agreements are followed, meetings organised, and admin handled correctly.

Is a property manager mandatory? Yes. Belgian law requires every co-owned building to have one — either a professional or a voluntary property manager (a co-owner who takes on the role).

Professional vs. voluntary property manager

A professional property manager is an external manager paid for their work. Their fee depends on the building's size and complexity.

A voluntary property manager (or small-building property manager) is often a co-owner who manages the property free of charge, or with a small compensation.

Both are legally valid. What matters is that the property manager keeps records, executes decisions, and manages the building transparently.

Want to know when you can manage the building yourself? Read our blog Can I be the property manager myself?

Tenants and the rules

Important: tenants must also follow the internal rules. As an owner, it's your duty to inform them properly.

Smart move: attach the rules to the lease. You'll avoid hallway debates about drum kits or bike storage.

Insurance and liability of the property manager

Even the best-run building faces surprises — leaks, fires, storm damage. That's why there's a collective fire insurance policy (the block policy).

On top of that, the property manager should have liability insurance. If a required inspection is missed and damage follows, that protection keeps things fair — especially for voluntary property managers.

Why this all matters

You might think: "Ugh, more paperwork."

But those documents - the deed, the regulations, the meeting notes - protect you. They keep your building livable, costs fair, and disputes limited.

Think of them as traffic rules. Nobody finds them thrilling, but without them? Total chaos. A well-structured co-ownership = peace at home.

Practical Tips for Voluntary Property Managers

Because many readers here wear the "voluntary property manager" hat, here are a few quick wins:

  • Read the basic deed and regulations carefully — it'll save you headaches later.
  • Use digital tools for documents, maintenance planning and voting — clarity guaranteed.
  • Communicate clearly with co-owners and tenants — clear talk means fewer frustrations.
  • Track inspections and maintenance — lifts, fire safety, electricity… deadlines exist for a reason.
  • Ask for help when needed. Large renovations or legal questions? Getting expert advice avoids bigger issues later.

It Doesn't Have to Be Complicated

You probably will not call property management your hobby. But it doesn't have to be a burden either.

With a clear deed, transparent communication, and a property manager who keeps oversight, co-ownership can actually run smoothly, especially in small buildings.

You don't need to be a lawyer to manage your building. You just need to know where to look and how to put the rules into practice.