Question 1

Who can act as property manager?

Accepted Answer

Within an Association of Co-owners (HOA), there are different ways to organize management. Although the law allows a co-owner to take on the role of volunteer property manager, the complexity of that role is often underestimated. The legal liability of a volunteer is almost equal to that of a professional, which, combined with personal relationships inside the building, can lead to challenging situations.

A professional property manager, such as a licensed real estate agent, provides the necessary peace of mind and certainty. Beyond deep expertise in constantly evolving legislation, a professional guarantees a neutral perspective, continuity in management, and often sharper supplier rates thanks to a broad network.

In exceptional situations, for example in the case of persistent conflicts, a court-appointed property manager (such as a lawyer) can also be designated by the justice of the peace. For sustainable and worry-free long-term management, choosing a specialized professional partner nevertheless remains the most common path.

Question 2

What is the role of a property manager?

Accepted Answer

The property manager acts as the executive body of the Association of Co-owners (HOA) and is the indispensable link in building management. In essence, the property manager ensures that the real estate is managed in accordance with applicable legislation and the specific expectations of the co-owners. This broad responsibility is built on three crucial pillars: administrative, financial, and technical management.

On the administrative side, the property manager is the backbone of the HOA. This includes not only organizing and chairing the annual General Meeting and drafting accurate minutes, but also consistently implementing the decisions that are taken. In addition, the property manager ensures rigorous file management, keeping the internal regulations, insurance policies, and all required legal documentation continuously up to date.

Financial management requires a high degree of transparency and accuracy. The property manager safeguards the HOA's finances by collecting the required contributions for operating and reserve funds and by proactively managing the association's bank accounts. This also includes paying shared utility and maintenance invoices on time, as well as preparing clear annual accounts and a realistic forward-looking budget.

Finally, through technical management, the property manager safeguards the long-term value of the property. This ranges from coordinating routine maintenance, such as cleaning services or elevator technicians, to professionally monitoring repairs. In the event of defects, the property manager obtains the required quotations and oversees quality execution of the works. In emergency situations, the property manager intervenes immediately with urgent measures to prevent further damage, ensuring that co-owners can always rely on a safe and well-maintained living environment.

Question 3

Is it mandatory to appoint a property manager?

Accepted Answer

In almost all cases, the answer is yes. As soon as a building (or a group of buildings) is legally divided into different units, such as apartments, studios, or commercial premises, owned by at least two different owners, an Association of Co-owners (HOA) is automatically created. Under Belgian co-ownership law, every HOA is required to appoint a property manager as its executive body.

There is only one strict exception to this rule: when the nature of the building does not justify management by a property manager and all co-owners decide this unanimously.

In practice, however, this exception is rare. Even in small buildings with only two apartments, a property manager is necessary to act officially. This includes essential matters such as opening a bank account in the name of the HOA, taking out a shared block insurance policy, or correctly registering the association in the Crossroads Bank for Enterprises (CBE). Without a property manager, an HOA is legally hamstrung.

Question 4

How to appoint a property manager?

Accepted Answer

Appointing a property manager is a formal procedure that can take place in three different ways, depending on the building's stage. When a new development is created, the first property manager is often appointed directly in the deed of basis. The mandate of this so-called provisional property manager legally ends at the very first General Meeting, where co-owners are then free to confirm that appointment or choose a new partner.

The most common route is appointment by the General Meeting. This is the highest body within the HOA and the only body authorized to appoint or reappoint a property manager by an absolute majority (50% + 1 of the votes). During this meeting, not only is the choice made, but the management agreement is also approved. This written contract defines the tasks, fee, and mandate duration, which is legally limited to a maximum of three years but can always be renewed.

In exceptional situations, when the General Meeting fails to reach a decision or where a persistent deadlock exists, the appointment can proceed through the justice of the peace. Any interested co-owner can initiate a procedure, after which the judge appoints a court-appointed property manager to guarantee continuity of management. As soon as the appointment is effective, regardless of the route taken, the property manager handles the required legal formalities, such as registration in the Crossroads Bank for Enterprises (CBE) and publication of their details in the building entrance hall.

Question 5

What is a General Meeting and what is its purpose?

Accepted Answer

The General Meeting (GM) is the highest decision-making body within an Association of Co-owners and forms the beating heart of democracy in an apartment building. It is the moment when all co-owners come together to deliberate and vote on the most important matters affecting the building. The primary function of this meeting is to set the direction of the HOA; this is where decisions are made that shape both day-to-day management and the long-term future of the property.

During the annual General Meeting, the HOA exercises its authority over a wide range of topics, from approving the previous year's accounts and the budget for the coming year, to granting discharge to the property manager and the co-ownership council. The meeting also serves to decide on necessary repair or renovation works, the appointment or renewal of the property manager's mandate, and any changes to the internal regulations.

For valid legal operation, the General Meeting is bound by strict legal rules regarding notice periods, agenda setting, and required voting majorities. Decisions that are democratically taken and recorded in the minutes are binding on all co-owners, including those who were absent or voted against.

In short, the General Meeting is the foundation of transparent and collective management, with the property manager tasked to implement the owners' collective will in practice.

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