2023-06-25 11:11:00
She almost swallowed her coffee the wrong way when she had this discussion with a neighbor. A few sentences that weren’t too bad, but when moving into this apartment in a small town in the province of Namur, this new tenant would never have believed that she had to respect a certain number of rules… so strict. Thus, “the laundry does not dry on the terrace”, said her neighbor, asking her to “take this into account for your next laundry”. She also cannot use a barbecue, even a small one, although she has a terrace on the ground floor. But is it really legal?
In an apartment building, there is a basic deed and a co-ownership regulation, which constitute the statutes of the building, we learn on the website of co-ownership in Belgium. You will find there which parts of the building are common and which parts are private, how the costs are distributed within the building and what is the allocation of each lot (housing, etc.). Many buildings also have internal regulations. This regulation is not mandatory. The law also does not specify what must be included. It generally contains a series of practical conventions and rules of life that the occupants of the building must respect to ensure safety, cleanliness and tranquility within the building.
Even prescriptions regarding the color of the curtains in the apartments
”These rules can relate both to the use of common areas (corridor, garden, underground garage) and to individual apartments. The by-law may thus provide for agreements concerning the storage of bicycles, the deposit of rubbish, the clearing of sidewalks in the event of snowfall, etc. It may also contain prescriptions concerning the color of the curtains in the apartments, the keeping of pets, etc. The house rules can therefore also restrict the use you can make of your own apartment.”
As a landlord, you must inform your tenant, before signing the lease, of the content of the internal rules and the decisions of the GA that he must respect. “Which is not always the case”, specifies a specialized lawyer. So indicate automatically in your lease that the tenant must respect this regulation and attach it as an appendix, advises the website of the co-ownership. If you fail to do so, you may be held liable. If the rules are modified during the lease, you must inform the tenant. He must respect the provisions which appeared in the regulations before his arrival in the building. However, if he feels prejudiced by a later modification, he can apply to the justice of the peace.
If a co-owner or a tenant does not respect the internal regulations, it is better to report it to the trustee, further specifies the website. “The latter can indeed put the person concerned on notice. If this does not bring anything, the association of co-owners can initiate an attempt at conciliation or legal proceedings before the justice of the peace. If a tenant does not comply with the regulations, it is better to ask the trustee to first send a letter to both the tenant and the landlord. The lessor can then put pressure on the tenant and even ask the judge, in extreme cases, to resolve the lease at the expense of the tenant.
”The internal regulations may also provide for a system of fines to be paid for each offence. The amount of the fine must be set precisely, in advance and on a flat-rate basis. It must also be reasonable. If the fine is not paid spontaneously, the judge can also compel the culprit to do so. This fine is often a means of pressure vis-à-vis the tenants. However, it is also possible to provide one for the co-owner who does not pay his statement on time.”
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