General assembly and tenant rights
General assembly and tenant rights
Tenant’s rights regarding the general assembly
In Belgium, the general assembly (GA) brings together co-owners to make decisions concerning the building. The tenant, who is not a co-owner, has a particular status.
What the tenant can do
| Action | Possible |
|---|---|
| Attend the GA | No (except by proxy) |
| Vote | No |
| Be mandated by the landlord | Yes (written proxy) |
| Be informed of decisions | Yes (via the landlord) |
| Challenge a decision | No (except direct harm) |
The role of the landlord
The landlord is the link between the tenant and the co-ownership. The landlord must represent the tenant’s interests at the GA and pass on relevant information. For the general rules, see our guide on co-ownership and renting.
GA decisions that affect the tenant
Works in common areas
Works decided at the GA may affect the tenant’s enjoyment: scaffolding, noise, restricted access to parking or cellars. The tenant must tolerate these but may request a temporary rent reduction if the disturbance is significant.
Changes to the rules of use
| Change | Impact on tenant |
|---|---|
| Noise hours | Applicable to the tenant |
| Parking rules | Applicable to the tenant |
| Pet rules | Applicable to the tenant |
| Waste sorting | Applicable to the tenant |
| Access to common areas | Applicable to the tenant |
Changes to charges
If the GA changes the allocation of charges or votes exceptional works, this affects the tenant’s on-account service charges. The landlord must adjust the statement.
Installation of individual meters
The GA may vote to install individual meters for water or heating, changing the allocation of charges.
Tenant’s remedies
If the landlord does not inform
The tenant may:
- Request GA minutes in writing from the landlord
- Require information about charges and works
- In case of persistent refusal, apply to the justice of the peace
If a GA decision causes harm
The tenant cannot directly challenge a GA decision. The tenant must:
- Ask the landlord to challenge (within 4 months after the GA)
- Negotiate compensation with the landlord (temporary rent reduction)
- In case of serious disturbance of enjoyment, claim damages from the landlord
The landlord has 4 months after the GA to challenge a decision before the justice of the peace. After this deadline, the decision is final. Inform your landlord promptly if a decision harms you.
Practical advice
For the landlord
- Inform the tenant of GA decisions that affect them
- Transmit modified rules of use
- Adjust service charges provisions after each GA
- Include information obligations in the lease
For the tenant
- Ask to be informed of upcoming GAs and their agenda
- Raise your concerns with the landlord before the GA
- Keep the landlord’s letters regarding GA decisions
- Check your service charges statement after impactful decisions
For tracking charges and decisions, use a rental management software. See also our guide on co-ownership regulations and the lease.