The community bylaws: what they are, where they are and when they matter

Half of all meeting arguments would be settled by reading a document almost nobody has read: the bylaws.

What they are

The particular rules of YOUR building, normally granted by the developer in the deed of constitution (or approved unanimously afterwards). They complement the law: where the Horizontal Property Act gives the general rule, the bylaws can qualify it.

What they usually contain (and it changes arguments)

• Expense exemptions: "the commercial units do not contribute to the entrance and the lift" — the answer to the classic row has been in writing since 1985.
• Allocation criteria other than the share for certain expenses.
• Prohibited uses: activities barred in flats or commercial units (sometimes the key ammunition against a problem use).
• Rules on facade elements, terraces, or the use of roofs.

Where they are

In the deed of constitution, registered at the land registry: an extract for the building (a few euros, online) recovers them if nobody can find a copy. The purchase deed of each flat usually includes a copy or a reference.

Their hierarchy (important)

Mandatory law > bylaws > internal rules > ordinary resolutions. A bylaw cannot remove basic legal rights; an internal rule cannot contradict the bylaws. And amending them requires unanimity and registration in order to bind future buyers — which is why they are almost never touched.

The practical advice

Get hold of them, scan them and keep them accessible with the community's papers. Reading them once (half an hour, promise) will stop you citing them wrongly — and will give you sharp ammunition exactly when you need it.