- co-owner , association of co-owners , general assembly , decision-making in writing , VME , ACP , written decision-making process , voting method , property management , ballot , decision
Associations of co-owners (VME/ACP) can again hold their General Assemblies using a flexible written decision-making process.
This is good news, as there has been a need to make voting methods easier for some time, taking into account the COVID-19 pandemic.
1. What does the relaxed procedure entail?
From now on, decisions of a VME/ACP can be validly taken (again) in writing if more than half of its members participate in the vote and provided that they hold at least half of the shares in the common parts.
For each individual item on the agenda, the majority required by law for decisions of a (non-written) General Assembly must be respected. This is a deviation from the rule that normally applies to written General Assemblies, that stipulates that decisions must be taken by the unanimous vote of all the members.
Attention however: written decision-making is never allowed when these decisions require to be authenticated. These are, for example, an amendment to the articles of association, an acquisition or transfer of real estate or a decision by the General Assembly to dissolve the VME/ACP.
Ballots received by the property management by post or electronically within three weeks, or within eight calendar days in the event of an emergency, are valid.
The property management is obliged to draw up the minutes of the decisions taken in writing. These minutes shall also mention the names of all co-owners whose ballot have been taken into account, as well as the majorities obtained and the names of the co-owners who voted against or abstained.
2. This is a temporary measure
This flexible procedure is applicable as of 30 December 2021, which is the day of the publication of the law in the Belgian Official Gazette.
However, this is a temporary measure which should last until 31 May 2022.
The possibility of extending (or shortening) this measure by means of a royal decree has also been reintroduced. Should this happen, you will be informed via our website.
This flexible procedure is welcome in view of the restrictions imposed on meetings.
But beware! If you wish to make decisions in writing using this relaxed procedure, please respect the deadlines. Ballots must be received by 31 May 2022 at the latest.
If this date cannot be met, decisions will have to be taken again by unanimity.