What can be added to a declaration of co-ownership drafted before 1994 upon its updating?

It is common that the declarations of co-ownership that were drafted many years ago no longer reflect the current state of the building which they are supposed to govern, given, for example, the new developments emerging on the real estate market. It is also possible that certain rules set out in these declarations of co-ownership are outdated. An update of the declaration of co-ownership represents a good opportunity to align it to the actual state of the building and the needs of co-owners.

Thus, with an update of the declaration of co-ownership, it is also possible:

• To establish and assign common portions for restricted use and provide for an additional contribution to the costs and expenses related thereto;
• To regularize encroachments on common portions of the building;
• To create any servitude necessary for the proper functioning of the building or to the good neighbourliness between the co-owners;
• To review the by-laws of the immovable;
• To include any provision permitted by law and which is not set out in the original declaration of co-ownership, such as a mediation and arbitration clause in case of dispute between the syndicate of co-owners and a co-owner.