Constitutive Title of Horizontal Property

Constitutive Title of Horizontal Property is the notarial deed that instituted the building in horizontal property, that is, that divided it into autonomous fractions as independent units and common parts.

In the constitutive title, the parts of the building corresponding to the various fractions will be specified, so that they are duly individualized, and the relative value of each fraction, expressed as a percentage or percentage, of the total value of the building will be fixed.

This document gives us very important information, such as:

Composition of each apartment ("autonomous fraction");
Relative value of each fraction in relation to the total value of the building, either as a percentage or as a percentage. This indication is very important to be able to calculate how much each owner has to pay for common expenses, as will be seen later on;
End to which each fraction (housing, commerce, industry, etc.) or common part is destined.

The constitutive title may also mention other elements such as:

Condominium regulations , consisting of several rules on the use and conservation of both the common parts of the building and the fractions;
Provision for recourse to an arbitration commitment to resolve issues between joint owners or between management and one or more joint owners, replacing recourse to judicial courts.

Can the Constitutive Title be changed?

The elements of the constitutive title - namely with regard to the composition and the relative value of each fraction as well as the purpose for which each is intended - can only be changed if all the tenants agree to make this change.

If at the joint-owners' meeting all are not present, or represented, a resolution may still be taken unanimously if all who attend, and who represent at least two-thirds of the votes, vote in favor and the others are notified, within thirty days, by registered letter with acknowledgment of receipt.

Absent tenants have ninety days, after receiving the letter, to notify the meeting in writing of their consent or disagreement.

If they do not respond, it must be understood that they approve the deliberations communicated. In other words, it is enough for a joint owner not to agree that the title change is not possible, which is to say that nobody can change:

The composition of its fraction;
The relative value of the fraction in relation to the total value of the building;
The purpose for which the fraction is intended;

if a unanimous decision is not obtained at the joint owners' meeting.

The alteration of the title can only be done through a public deed, granted by all the tenants or only by the administrator representing the condominium, and, for this purpose, must present to the notary the minutes of the meeting where the alteration was decided unanimously.