What is an association of co-owners (VME) and when must it be registered?
VME stands for vereniging van mede-eigenaars, the association of co-owners. In virtually every apartment building in Belgium, a VME arises automatically. It is the legal person that manages the common parts of the building. This article explains when a VME arises, which documents go with it and when it must be registered.
When is there a VME?
A VME belongs to what the law calls the forced co-ownership of a building. The rules are in Book 3 ("Property") of the Civil Code.
It concerns any building or group of buildings whose ownership right is divided into lots. Each lot consists of a private portion (for example an apartment) and a share in the common parts (for example the roof, the stairwell or the lift). For such a building, the law prescribes three documents (art. 3.84 Civil Code):
- a basic deed;
- a co-ownership regulation;
- a set of internal rules.
The basic deed and the co-ownership regulation are drawn up by notarial deed.
When does the VME acquire legal personality?
The association of co-owners acquires legal personality as soon as two conditions are met together (art. 3.86 Civil Code):
- the coming into being of the indivision through the transfer or attribution of at least one lot (in practice: as soon as at least one apartment gets an owner other than the developer or the owner of the whole), and
- the transcription of the basic deed and of the co-ownership regulation in the registers of the competent office of the General Administration of Patrimonial Documentation.
From that moment, the VME is a legal person with its seat in the building. As such it can hold rights and obligations, for example concluding contracts for the maintenance of the common parts.
Registration in the Crossroads Bank for Enterprises (KBO/CBE)
Every legal person under Belgian law must be registered in the Crossroads Bank for Enterprises (KBO). Because a VME is a legal person, this also applies to it: the VME is registered in the KBO and receives an enterprise number. That number identifies the VME, just as an enterprise number identifies a company.
The syndic in the KBO since 1 April 2017
Besides the VME itself, the data of the syndic have also had to be registered for some years. The syndic is the person or firm that manages and represents the VME.
Every association of co-owners has been obliged, since 1 April 2017, to have the data of its syndic registered in the KBO. That obligation rests on article 3.89, paragraph 3 of the Civil Code and on the Royal Decree of 15 March 2017. This makes it publicly consultable who manages a given VME.
Where do you see this in SyndicData?
On the detail page of a VME, SyndicData shows, among other things, the legal form (VME, code 070), the enterprise number and the registered syndic with the function and the date from which they are appointed. These data come from the KBO and are shown as they are registered there. This lets you see at once whether a building has a registered syndic and who it is.
Good to know
This is general information, not legal advice. The precise obligations of a VME and of its syndic, and the consequences of a missing or outdated registration, depend on the concrete situation and on the legislation applicable at that time. When in doubt, consult a notary, a lawyer or a professional syndic.
Bronnen
- Burgerlijk Wetboek, Boek 3 ("Goederen"), officiële geconsolideerde tekst, in het bijzonder de bepalingen over gedwongen mede-eigendom van gebouwen en over de vereniging van mede-eigenaars (art. 3.84 en 3.86): ejustice / Belgisch Staatsblad
- FOD Justitie, Vereniging van mede-eigenaars (inschrijving syndicus in de KBO sinds 1 april 2017, art. 3.89, paragraaf 3 BW en KB van 15 maart 2017): justitie.belgium.be
- FOD Economie, Inschrijving in de Kruispuntbank van Ondernemingen (KBO): economie.fgov.be