Luxembourg co-ownership: law 16.05.1975, syndic, AGM, fund 2026

Co-ownership applies once a built property is divided among several owners into lots, each comprising a private part (apartment, cellar, parking) and a share of common parts (structure, roof, stairs, collective equipment). Each co-owner is by right a member of the co-owners' association, a legal person owning and managing the common parts (Art. 9, 1975 modified law).

Three bodies structure governance: the syndic (executive agent, professional mandatory above 5 lots), the general meeting (sovereign body voting budget, works and the syndic's status) and the syndical council (optional body of elected co-owners overseeing management). The association is represented in court by the syndic, but the regulations may provide delegations.

The syndic is the association's legal agent. Main missions: convene the annual GM (at least once a year, Art. 14), execute voted decisions, keep the association's accounts, collect charges and capital calls, contract necessary services (insurance, maintenance, elevator service), keep archives and the co-owners' register, represent the association in court.

The professional syndic's mandate is limited to 3 years renewable (Art. 17). They must hold an establishment authorisation and professional liability insurance. Remuneration includes flat-rate fees (current management) and separately invoiced specific services. Any co-owner may inspect the accounting and technical files on simple request.

The annual ordinary GM votes on the past year's accounts, the forecast budget, the syndic's discharge and the works programme. An extraordinary GM may be convened anytime by the syndic or upon request of co-owners holding at least 25% of shares. The notice must be sent by registered letter 21 days before the meeting with the agenda, draft budget and necessary documents (Art. 14).

Required majorities are graduated by the gravity of the decision: simple majority (50% + 1 of present or represented shares) for routine decisions (budget, maintenance, ordinary expenses); absolute majority (50% + 1 of all shares) for improvement works and the syndic's appointment/removal; 3/4 majority of all shares for amendments to the regulations, transformation works, change of purpose; unanimity for any impact on private rights (lot removal, share modification).

Since the 2018 law reform, a reserve fund is mandatory for co-ownerships with more than 5 lots. The minimum annual contribution is set by the GM (often 5 to 10% of the annual budget) and must fund upcoming major works (facade renovation every 15-20 years, roof, elevator, EPBD energy compliance). The fund is inalienable: it cannot serve any purpose other than works voted at the GM.

Current charges (maintenance, common utilities, insurance, syndic) are allocated by shares. Some specific charges may follow different keys provided in the regulations: e.g., elevator only to floors served, collective heating prorated to heated area, water prorated to individual consumption. The syndic issues quarterly capital calls and an annual statement.