I own in a private subdivision, at a general meeting, it was decided and voted to remove the "non aedificandi" area. Is it legal and what are the remedies if there are any?
It is difficult to give a precise answer to this question on the validity of this vote in general meeting of co-ownership. Voting the removal of non-constructible areas is theoretically possible at the level of a co-ownership, if the method of voting provided (Article 24, 25 or 26), leads to a favorable result, and subject of course that the condominium regulations allow it. It should be noted that this vote also entails numerous costly administrative procedures: modification of the co-ownership rules, appointment of an expert surveyor, deposits to mortgages via a notary for each lot, etc. But we must also take into account the PLU (local urban plan), and all the regulations specific to each municipality. An attorney specializing in property law would be best able to answer this question, having had access to all the documents previously mentioned.
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