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ARTICLE · 02 MAY 2012

New Law Regarding Co-Property

On 1 September 2010, the law of 2 June 2010 amending the Civil Code in order to modernize the functioning of co-ownership came into force, at least a major part of it.

BelgiumReal Estate and Construction
Alain De Jonge
Alain De Jonge
Pieter Dierckx
Pieter Dierckx

On 1 September 2010, the law of 2 June 2010 amending the Civil Code in order to modernize the functioning of co-ownership came into force, at least a major part of it. The legislator has chosen to preserve the philosophy and basic structure of the law of 30 June 1994, but wishes to put an end to certain discussions that were raised and to solve certain practical problems that had occurred.

The most striking innovation is the ability to create subgroups of co-ownership, either with or without legal personality.

In addition, some principles of Corporate Governance are introduced within the internal organization of the association of co-owners, such as strengthening the position of the co-owners in the relationship between the building manager and the co-owners, making the management of the building manager more transparent, and by subjecting the building manager to the supervision of the Board of Co-ownership and an external auditor.

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