22 Oct New Covid measures: what impact on the holding of the General Condominium Assemblies?

On October 18, a new ministerial decree providing emergency measures aimed to limit the spread of the coronavirus COVID19 was published.

This decree has an impact on the holding of general condominium meetings since it provides at Article 17 that, with regard to « professionally organized activities », a category in which those assemblies are to be put, a maximum of only 40 persons may be present indoors.

On the other hand, as bars and restaurants are also required to close their doors, it is very likely that several condominium meetings, which were scheduled to take place in this type of facilities, will have to be postponed. This situation is a case of force majeure that the syndic can put forward. It should also be recalled that, while the syndic still has an obligation to hold general meetings that could not be held during the first confinement period, and this before November 30, he remains bound only by a obligation of means in that capacity.

We also just learned from the Cabinet of the Minister of Justice that a relaxation of these rules could be foreseen and that :

• the holding of general meetings by videoconference would be authorized
• general condominium meetings could be postponed to 2021 on certain conditions
• and that the unanimity rule in written votes would be simplified.

For more information on that subject, feel free to contact Carole DE RUYT esq. (carole.deruyt@cairnlegal.be).

Best regards,
The Cairn Legal team.