How to Amend the Co-ownership Regulations: Complete Guide 2024-2026

Amending the co-ownership regulations (règlement de copropriété) is one of the recurring concerns of co-owners and property managers (syndics). Between legislative developments, the need to adapt to new technologies and disputes over use, there are many situations that require this fundamental document to be updated.

Whether you wish to permit seasonal lettings, install high-performance energy equipment or simply clarify rules that have become obsolete, mastering this procedure will spare you months of deadlock and considerable legal costs. An amendment that is badly handled can indeed be annulled by the courts, forcing you to start again.

This process may seem complex and intimidating to the uninitiated, but with a clear method and rigorous preparation, it becomes perfectly manageable. The stakes are high: suitable co-ownership regulations make day-to-day management easier, prevent disputes and add value to your property.

This detailed guide will take you step by step through the procedure for amending the co-ownership regulations, explaining the conditions required, the majorities needed and the pitfalls to avoid in order to carry out this delicate legal operation successfully.

I. The legal foundations of amendment

The basic legal framework

The co-ownership regulations are the basic contract governing life in the building, defining the rights and obligations of each co-owner. Their amendment is subject to strict rules laid down by the Law of 10 July 1965 and the Decree of 17 March 1967.

The fundamental principle is that any substantial amendment requires a collective decision taken at a general meeting (assemblée générale), by majorities that vary according to the nature of the changes proposed. This protection prevents a small group of co-owners from imposing amendments that are prejudicial to the community as a whole. The cases in which unanimity is required, and the method for identifying the applicable majority according to the clause amended, are set out in our dedicated article on unanimity in co-ownership.

The different types of amendment possible

Amendments may concern three main aspects:

• The descriptive statement of division (état descriptif de division): allocation of shares (tantièmes), creation or removal of lots • The co-ownership regulations in the strict sense: rules on the use of common and private parts
• The contractual provisions: particular clauses added to the initial regulations

II. The preconditions for any amendment

The initiative for the amendment

The request for amendment may come from three main sources:

• The property manager, often following difficulties in applying the existing regulations • One or more co-owners faced with unsuitable restrictions • A legal obligation following a change in regulations

The preliminary legal analysis

Before taking any step, a thorough study is needed to determine:

• The exact nature of the amendment sought • The majority required under Articles 24 to 26 of the Law of 1965, or unanimity • Any regulatory constraints (planning, safety, RE2020) • The impact on co-owners' rights and on green value

This analysis avoids procedural errors that would inevitably lead to the annulment of the decision taken at the meeting.

III. The procedure step by step

Step 1: Preparing the file

The amendment procedure begins with assembling a complete file comprising:

The essential documents: • The draft amendment, drafted with precision • An explanatory note justifying the need for the change • An estimate of any costs (notary fees, formalities) • The legal analysis of the consequences and of compliance in 2024

Step 2: Placing the item on the agenda

Placing the item on the agenda of the general meeting must comply with strict formal rules:

• Notice period: at least 21 days before the meeting, unless urgent or unless the regulations provide for a longer period (Article 9 of the Decree of 17 March 1967) • Precise wording: the draft amendment must be notified no later than together with the agenda (Article 11 of the Decree) • Full information: all the elements enabling co-owners to decide with full knowledge of the facts

The agenda must specify each of the questions submitted for the meeting's deliberation and state explicitly that it concerns an amendment of the co-ownership regulations. The rules on convening, conduct and voting at the meeting are covered in our guide to the co-ownership general meeting.

Step 3: The vote at the general meeting

The vote is the crucial stage of the amendment procedure. The applicable majority depends on the nature of the amendment; it is set out below.

IV. The majorities required and how they apply

Understanding the different thresholds

The Law of 1965 establishes a gradation of majorities adapted to contemporary developments:

Simple majority (Article 24): • Majority of the votes cast by co-owners who are present, represented or have voted by post • Adaptations of the regulations made necessary by the legislative and regulatory changes since they were established (Article 24, II, f)

Absolute majority (Article 25): • Majority of the votes of all the co-owners, that is, of the shares of the whole association and not of the number of co-owners • For example, amendment of the allocation of charges made necessary by a change in the use of a private part (Article 25, e)

Double majority (Article 26): • Majority of the members of the association representing at least two thirds of the votes • Amendment of the regulations in so far as they concern the enjoyment, use and administration of the common parts (Article 26, b) • Since Law No. 2024-1039 of 19 November 2024, a prohibition on letting residential lots other than main residences as furnished tourist accommodation, only in those co-ownerships whose regulations prohibit any commercial activity in lots that are not specifically intended for commercial use (Article 26, d)

Unanimity: • Amendment of the provisions of the regulations relating to the purpose of the building (Article 26, last paragraph) • Amendment of the allocation of charges, except where the law permits it to be decided by a majority (Article 11) • No majority may impose on a co-owner an amendment of the purpose of their private parts or of the terms of their enjoyment as they result from the regulations (Article 26)

V. Automatic amendments and mistakes to avoid

Adaptations to legislative developments

No amendment of the regulations takes place automatically: even updates made necessary by changes in the texts require a vote of the general meeting.

• Legal adaptations: the adaptations made necessary by the legislative and regulatory changes since the regulations were established are voted by the majority of Article 24, and their publication is made at the fixed rate of duty (Article 24, II, f) • Clauses contrary to the law: clauses contrary to the mandatory provisions of the Law of 1965 and its implementing decree are deemed unwritten (Article 43), which the judge can find without waiting for an amendment to be voted

Frequent pitfalls to avoid

Procedural errors: • Insufficient notice period • Draft amendment not notified with the agenda • Application of an incorrect majority

Errors of assessment: • Use of a majority where the amendment touches the purpose of the building or the terms of enjoyment of private parts • Overlooking the consequences of the amendment for the allocation of charges

VI. Formalisation and enforceability

Post-vote formalities

Once the amendment of the co-ownership regulations has been voted, several steps follow:

Drafting the minutes: • Statement, under the heading of each question, of the result of the vote • Names and number of votes of the co-owners who opposed, abstained or are treated as defaulting • Statement of the reservations made by those opposing (Article 17 of the Decree of 17 March 1967)

Notification to co-owners: • Notification of the minutes by the property manager to co-owners who opposed or defaulted within one month of the meeting (Article 42 of the Law) • Opening, from that notification, of the two-month period for challenge

Notarial deposit and land publicity

A crucial step: the amendment is enforceable against the successors in title of the co-owners only from its publication in the land register (fichier immobilier) (Article 13 of the Law of 10 July 1965).

Role of the notary: • Preparation by a notary of the deed amending the regulations, on the basis of the minutes of the meeting • Checking consistency with the descriptive statement of division

Publication at the land publicity service (service de la publicité foncière): • Publication of the amending deed in the land register • Enforceability against successors in title from that publication • Publication at the fixed rate of duty for adaptations made necessary by changes in the texts (Article 24, II, f)

Warning: without publication, the amendment remains unenforceable against the successors in title of the co-owners, in particular purchasers of lots. On the enforceability of the regulations against new purchasers and the fate of clauses deemed unwritten, see our analysis of the mandatory and unfair clauses of the co-ownership regulations.

Time limits for appeal and challenge

Co-owners have strict time limits in which to challenge:

• 2 months from notification of the minutes, on pain of forfeiture, for co-owners who opposed or defaulted only (Article 42, paragraph 2) • Co-owners who voted in favour of the resolution cannot challenge it • The five-year period of Article 2224 of the French Civil Code, made applicable by Article 42, paragraph 1, concerns personal actions between co-owners or against the association, and not challenges to meeting decisions

Conclusion: Mastering amendment to add value to your co-ownership

The amendment of the co-ownership regulations is a strategic lever for adapting your building to contemporary challenges. Between the energy transition, new ways of living and regulatory developments, anticipating these changes protects your investment and improves your living environment.

Key points to remember: • Prepare your file and the draft amendment carefully • Identify the applicable majority, or unanimity, according to the clause amended • Comply with the twenty-one-day notice period • Never forget publication in the land register for enforceability