1. Is it possible to modify the statutes of an existing condominium? If so, does the modification have to be registered in the Land Registry? Are there circumstances in which the registrar can refuse registration of the modification? If the modification is not registered, does it become operative?
An already registered condominium can be altered in several ways:
A. By dividing operations Sharing a condominium in several individual units (e.g. apartments) is called apartamentare. Dividing an individual unit in several individual units is named subapartamentare.
B. By cessation of common destination The cessation of common destination for the common parts of multi-storied buildings can be decided with the consent of all co-owners. In this case the provisions relating to common joint ownership are applicable. The part of the property resulting from the above mentioned cessation is adequately entered in the land book based on cadastral documentation and legal act prepared for this purpose.
C. By the partial destruction of the building
In case of destruction of a building at a rate less than half of its value, the co-owners will contribute to the rebuilding of the joint parts proportionally to their shares.
If one or more co-owners are unwilling or unable to participate in rehabilitation, they have to cede their shares to the other co-owners.
The price is set by the parties or, in case of disagreement, by the court.
In all cases the foregoing operations are entered in the land book based on cadastral documentation and an authentic act.
The registrar will reject the changes that do not comply with the legal provisions. In the absence of registration, real rights are not opposable to third parties.
2. Does your law provide a mechanism for dissolving: (a) the community or association of owners (b) the condominium arrangement? How would this be registered?
If the building was totally destroyed or in a higher proportion than half of its value, any co-owner may, unless otherwise agreed, to request the sale by public auction for the land and construction materials that resulted.