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The modification of a co-ownership by-law is the object of a precise protocol which adapts according to the clauses to be modified. The question will be voted on by the co-owners of the building. To follow, details and explanations of these terms.

Vote for the amendment of a co-ownership by-law

On certain occasions, the co-ownership by-law of a building may be modified. Rectifications which will however only intervene with the agreement of the co-owners.

The point of modification should therefore be the agenda of a general meeting, at the end of which the question will be voted by the co-owners.

The terms of this vote vary depending on the desired change, for example:

  • the settlement may be too old and its update becomes imperative. To modify the rules of co-ownership to bring it into conformity with the regulations in force, a simple majority suffices (Law of July 10, 1965 - Article 24).

Modification of the distribution of the expenses of co-ownership

The distribution of co-ownership charges, defined in the by-law, can in principle be modified provided that the rectification is validated unanimously by the co-owners.

Unanimity is however not necessary in case of modification made following a vote consenting to:

  • the implementation of works,
  • purchase of private units (purchase)
  • the sale of common areas
  • the change of use of private units

In these circumstances, the distribution of expenses may be varied by the same majority as that of the work, sale or purchase or by an absolute majority if it is a change of use of a unit.

Modifications: destination of the building and enjoyment of the common parts

The unanimous agreement of the co-owners is necessary in case of modification of the destination of the building.

Example: the destination of a building, hitherto exclusively reserved for bourgeois housing, can be modified to accommodate a professional activity.

In case of modification of the co-ownership regulations concerning the enjoyment, use and / or administration of the common parts of the building, a double majority is then required.

Do you know that in some cases it is possible to dispute a condo rule?


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