Sample Request to Amend the Management Plan

What Is the Management Plan?

The management plan is the document governing how the property is managed, how common areas are used, how expenses are shared and what the parties' rights and obligations are. Because it is annexed to the land register, it binds all owners and their successors.

Where the statute is silent, the management plan governs. It is therefore the first document to consult in disputes about the allocation of dues, pets, parking and the use of common areas.

Majority Required for an Amendment

In a standard condominium building, amending the management plan requires the votes of four fifths of all owners under Article 28 of the Condominium Law. That is four fifths of all owners, not of those attending the meeting.

For multi-block complexes the threshold has been lowered by statute: amending the complex management plan requires the votes of two thirds of all owners. Whether your property falls within the complex regime can be seen from the title deed and the management plan.

Once the amendment is adopted it must be registered with the land registry; an unregistered amendment cannot be asserted against third parties.

What the Request Should Contain

• Names and unit numbers of the owners making the request
• The number and current text of the clause to be amended
• The proposed new text, word for word
• The reason for the amendment
• A request that the matter be placed on the assembly agenda
• Signatures

Copyable Amendment Request Sample (Full Text)

……………………… APARTMENT / COMPLEX

TO THE MANAGEMENT / CHAIR OF THE GENERAL ASSEMBLY

Subject: Our request to amend clause …… of the management plan.

We, the owners whose names, unit numbers and signatures appear below, request that clause …… of the management plan of ……………………… Apartment/Complex be amended as follows.

CURRENT TEXT (Clause ……):
………………………………………………………………………

PROPOSED NEW TEXT (Clause ……):
………………………………………………………………………

REASON:
……………………… (problems caused by the current provision in practice / alignment with a change in the law / changing needs, etc.)

As amending the management plan is a decision requiring the qualified majority set by statute, we request that the matter be placed on the agenda of the next general assembly meeting and determined. …/…/20…

No — Full Name — Unit No — Signature

1 — ……………… — …… — ………
2 — ……………… — …… — ………
3 — ……………… — …… — ………

Copyable Assembly Resolution Sample

……………………… APARTMENT / COMPLEX

GENERAL ASSEMBLY RESOLUTION

Resolution No: ……    Date: …/…/20…

Agenda item: Amendment of clause …… of the management plan.

Total number of units: ……   Units voting in favour: ……

RESOLVED: Clause …… of the management plan of ……………………… Apartment/Complex is amended to read as follows:

New Clause ……: ………………………………………………………………………

The resolution was adopted with the qualified majority required by statute (…… of …… units).

The manager is authorised to register the amendment with the land registry.

Chair ……………… Signature    Secretary ……………… Signature

Owners voting in favour (name — unit no — signature):
……………… — …… — ………
……………… — …… — ………

Filling Guide

Set the current and proposed texts side by side. Saying "amend that clause" is not enough; the new text must be written word for word, otherwise registration cannot be completed.

Collect the signatures of the owners voting in favour beneath the resolution. Those signatures are how the qualified majority is proved.

State in the resolution that the manager is authorised to register the amendment; an application without authority will be rejected by the land registry.

After the Resolution: Registration

Once entered in the resolution book, the amendment is annotated on the management plan by applying to the land registry. A copy of the resolution, the signature list and the manager's authority are required.

An unregistered amendment cannot be asserted against people who later buy a unit. Registration should therefore not be neglected.

Common Mistakes

• Using a simple majority: amending the plan requires a qualified majority.
• Counting only those present: the threshold is calculated over ALL owners.
• Not drafting the new text: the full wording is essential for registration.
• Failing to register: the amendment has no effect against third parties.
• Adding provisions contrary to statute: clauses conflicting with mandatory rules are void.

This content and these templates are for information only and are examples. Adapt them to your situation; if in doubt, consult a lawyer.