1. ACO's and their legal obligations
The law provides that the trustee of an ACO must convene the general meeting of the co-ownership within the term laid down in the internal rules or whenever an urgent decision has to be taken in the interest of the co-ownership.
No sanction is foreseen should the general meeting not be held on time, according to the internal rules.
However, it is part of the legal duties of the trustee to organise this meeting.
Now, the trustee can invoke the current force majeure situation, imposed by the government, to postpone the general meeting.
The possibility to hold a general meeting "remotely", for example via skype or another digital channel, has not (yet) been foreseen by the law. Indeed, decisions of the general meeting must be taken with the required majorities of the votes of the co-owners who are present or represented at the time of the vote. At present, there is no possibility to verify the effective presence of co-owners from a distance.
2. The consequences of the "Corona" measures
Due to the coronavirus, it is not possible anymore for trustees of an ACO to convene the general meeting of the co-ownership.
In view of the fact that not all co-owners are actually living in the building to which the co-ownership relates, they would be prevented from exercising their voting rights at the general meeting as a result of the government's instructions.
In the meantime, the federal government has decided, by Royal Decree, that general meetings must be held within five months from the end of this crisis period.
During this period of postponement, continuity is ensured: the mandates of the managing agent (the trustee) and the members of the co-owners' council are extended until the next general meeting.
Please, do not hesitate to contact us for information or assistance on 02/747 40 07 or CoronaTaskforce@seeds.law.
Updated on 29 March 2020.