What is the content of the by-laws and what restrictions can it impose?

The by-laws of the immovable apply to all the common portions and the private portions. It governs the enjoyment, use and maintenance of the common and private portions. It can be modified during a meeting of the co-owners. We also include there the operation and the basic administration of the syndicate of co-owners. These by-laws are opposable against the tenant and the new co-owner as from the moment when it was brought to their knowledge. The restrictions imposed in the by-laws of the immovable must necessarily be justified by the destination of the immovable property and its character. We cannot thus modify the by-laws for an arbitrary motive. It is important, when purchasing a divided co-ownership, to inquire with the syndicate of co-owners in order to be assured by this latter that the initial by-laws appearing in the declaration of co-ownership have not been modified since their coming into force. This approach of verification of the register of co-ownership, often neglected, will thus further protect your investment.

Before January 10, 2020, it was permitted to add a penalty clause in the by-laws of the immovable. After this date, to enforce a penalty clause, said clause must be added in the constituting act of co-ownership.