Question about urgent preparation

[vladojko]

Hello and sorry for message in English as it is bit easier for me to write in English and probably also for everyone it is easier to read than my broken Dutch

In our building since couple months ago we do not have syndic as old one has resigned and election of new one is still pending. There is an urgent issue that needs to be repaired (possible contact of electricity and water) and as there is no syndic, it takes forever to assemble co-owners together and elect new one, and also to decide of reparation.

I have found in the law text online that for urgent reparations, syndic can act without the approvals of co-owners, so normally this would be instantly repaired. But in this situation when there is no syndic (and previous one refuses to do anything), could one of co-owners take a responsibility and schedule urgent reparation? The reparation needs to be paid from common budget, but as it is not too big sum it would not be a problem to pay it and then to wait for money to be returned from co-ownership (or eventually do not pay monthly contribution for a while until the paid sum for reparations is not equal to the not paid amount)

Tx for any advice

[kdsm]

Dear Vladojko,

A building without a syndic is more or less in a legal void.
Specifically for decisions and actions like the one you mention, it's important to instate a syndic as soon as possible.

In my opinion, the only good way to go about is by asking the justice of peace (vrederechter) to appoint a (temporary) syndic.
You can also ask the justice of peace to give you approval to order the repairs.

If you order the repairs yourself without the above, there is a risk and responsibility involved. Don't forget that you don't have an insurance to cover these actions. If you are still planning to order them (for example to avoid further damages or a hazardous situation), contact the other co-owners first and if possible, ask them for a written approval. But again. It's not 100% fail-safe.

[Vandebos]

As Kdsm stated, the only decent way to handle this is to ask the local justice of the peace to appoint a temporary Syndic for the duration that the general council needs to appoint a new syndic.

[An Darcy]

Vladojko

Upon reading your question and the sound advice of several forum members it would seem that
the nature of the damages in your buidling most probably require immediate action be taken,
which implicitly precludes waiting till the Judge has appointed you temporary administrator (syndicus) and approved the repairs.
How one should solve this Belgian law conundrum without taking unnecessary personal risks is beyond me.

An Darcy