It is worth noting that even if there are rules for changing the condominium agreement, they must always be in accordance with current legislation. This document, which is legal, provides for the entire operation of the condominium, from the apportionment of expenses to the punishment of violators and defaulters.
Some condominiums do not have a convention regularized in a notary’s office, but by law, if more than 66% of the residents sign the document, it becomes valid as if it were legal.
Why are there rules for changing the condominium agreement?
The rules for altering the condominium agreement exist precisely so that the company responsible for the administration of the condominium does not make the decisions alone.
And what motives would lead the administration and the assembly to change the convention? Many! For example:
- The condo may be financially weak. An amendment would cause the fees to be paid by the condominiums to rise;
- The condominium may be poorly managed by the liquidator (or even by the administrator). In this case, an assembly is held to decide what will change at the convention and a plebiscite for the new trustee to be elected;
- Determine if residents accept the use of cameras in the corridors;
- Change methods and values of punishment of offenders;
- Permit or prohibit the entry of animals into the condominium (by law, no one may prohibit a resident from having an animal or having him dispose of it);
The rules for the amendment of the condominium agreement exist so that in general the internal laws are shaped in order to guarantee more comfort, security and good coexistence among the residents.
How are the rules for changing a condominium agreement applied?
In order for the convention to undergo any kind of alteration, all residents must attend an assembly and the voting follows the same rule for legalization of the convention not registered in a notary’s office. That is, if at least 66% of the residents approve the changes, they become valid.
But creating rules for changing the condominium convention is not exactly the simplest procedure in the world, and a lot of care needs to be taken at the time of the change. For this, the ideal is for the administrator to join with all the residents and mediate through a lawyer specializing in condominiums.
Once all the new guidelines have been defined, the assembly can be closed and it is up to the administrator of the condominium to register the new convention in the registry. If the old one was not yet registered, this is a great opportunity to regularize the situation.
Even during an assembly where at least 66% of the condominiums agree to the amendments, if they still want to, they can apply for a power of attorney so that all the details of the new convention will adjust to the will and the permission of all the residents. Even an individual who does not live in the condominium also becomes responsible for the vote, by proxy registered in a notary’s office.