Can the members of the council of shared ownership be held liable in the execution of their assignment?

07 - 02 - 2017

The legislator puts big Homeowner Associations (with at least 20 lots) under an obligation to have a council of shared ownership; this is optional for smaller Homeowner Associations.

The council of shared ownership will ensure that the property manager performs his tasks properly. The council can also be assigned additional authorities, ad hoc or structural, by a decision of the general assembly.

Today’s question: can the council members be held accountable for possible mistakes they might have made during the execution of their assignment?

In any case, the property manager is liable for his own tasks and authority for the management of the shared ownership for which he is acting. He cannot simply delegate his authority without approval of the general assembly. The council of shared ownership doesn’t have its own legal personality so it cannot be held accountable. The members that are in the council can only be personally liable for a big error, fraud or for exceeding their authority.

However, if the council members don’t completely execute their assignment, they will be held accountable for the damage that has been caused. In case of important assignments or assignments for which the council members can be compensated, it is advised as a council member to take out a liability insurance policy.