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Act To Amend The Civil Code With Respect To The Condominium And Amending Article 46, § 2 Of The Judicial Code (1)

Original Language Title: Loi modifiant le Code civil en ce qui concerne la copropriété et modifiant l'article 46, § 2, du Code judiciaire (1)

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belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2012. - An Act to amend the Civil Code with respect to co-ownership and to amend section 46, § 2, of the Judicial Code (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. In section 577-6 of the Civil Code, inserted by the Act of 30 June 1994 and replaced by the Act of 2 June 2010, the following amendments are made:
1° § 3, paragraph 3, is supplemented by the following sentence:
"The administrative costs for convening the general assembly are borne by the co-owners' association. »;
2° in § 4, the words "in accordance with Article 577-8, § 4, 1°, 1-1" are replaced by the words "in accordance with § 3".
Art. 3. In section 577-8 of the same Code, inserted by the Act of 30 June 1994 and amended by the Acts of 14 December 2005 and 2 June 2010, the following amendments are made:
1° § 4, 6°, is supplemented by the following sentence:
"Subject to any provisions contrary to this chapter, the recommended correspondence shall be, barely null and void, addressed to the domicile or default, to the residence or head office of the trustee and to the headquarters of the co-owner association. »;
2° in § 4, 11°, the words ", and especially by a website" are repealed;
3° the article is supplemented by a § 8 written as follows:
“§ 8. There is an incompatibility between the exercise of the trustee function and the quality of a member of the co-ownership board. »
Art. 4. In section 577-11/1 of the same Code, inserted by the Act of 2 June 2010, the following amendments are made:
1° in the Dutch version of paragraph 1er, the words "of hypothecaire schuldeisers of de hypothecaire schuldeisers" are replaced by the words "of hypothecaire schuldeisers of de schuldeisers";
2° in paragraph 2, the words "following the reception" are replaced by the words "following the passage";
Paragraph 3 is replaced by the following:
"If there is no record of arrest or arrest-execution in the twenty working days following the passing of the said act, the notary may validly pay the amount of arrears to the assignor. »
CHAPTER 3. - Amendment of the Judicial Code
Art. 5. In Article 46, § 2, paragraph 2, of the Judicial Code, replaced by the Act of 24 May 1985, the number "34" is inserted between the words "articles 33" and the words "35 and 39".
CHAPTER 4. - Amendment of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings
Art. 6. In Article 8 of the Act of 5 August 2006 amending certain provisions of the Judicial Code for electronic proceedings, replaced by the Act of 6 April 2010, in Article 46, § 1er, paragraph 2, in draft, of the Judicial Code, the number "34" is inserted between the words "articles 33" and the words "35 and 39".
CHAPTER 5. - Entry into force
Art. 7. Article 3, 1°, of this Act comes into force on the first day of the third month following that of its publication to the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2012.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) 2010-2011 session.
House of Representatives.
Documents. - Bill by Ms. Smeyers and Van Cauter, 53 1538/001. - Amendments, 53 1538/002. - Report, 53 1538/003. Text adopted by the Commission, 53 1538/004. - Text adopted in plenary and transmitted to the Senate, 53 1538/005.
See also:
Full report. - 7 July 2011.
Session 2011-2012.
Senate
Documents. - Project referred to by the Senate, 5-1155 - No. 1. - Amendments, 5-1155 - No. 2. - Report, 5-1155 - Number 3. - Text adopted by the commission, 5-1155 - No. 4. - Text amended by the Senate and referred to the House of Representatives, 5-1155 - No. 5.
See also:
Annales of the Senate. - 24 November 2011.
Session 2010-2011.
House of Representatives.
Documents. - Draft amended by the Senate, 53,1538/006. - Amendments, 53 1538/007 to 53 1538/009. - Report, 53,1538/010. - Text adopted by the Commission, 53 1538/011. - Text adopted in plenary and transmitted to the Senate, 53 1538/012.
See also:
Full report. - 1er March 2012.
Session 2011-2012.
Senate
Documents. - Project amended by the House of Representatives and referred to the Senate, 5-1155 - No. 6. - Amendments, 5-1155 - No. 7. - Report, 5-1155 - No. 8. - Text adopted by the commission, 5-1155 - No. 9. - Text amended by the Senate and referred to the House of Representatives, 5-1155 - No. 10.
See also:
Annales of the Senate. - 22 March 2012.
Session 2010-2011.
House of Representatives.
Documents. - Project amended by the Senate, 53 1538/013. - Amendments, 53 1538/014. - Report, 53 1538/015. - Text corrected by the commission, 53 1538/016. - Text adopted in plenary and subject to Royal Assent, 53 1538/017.
See also:
Full report. - 26 April 2012.