Adaption of articles of association of an association of unit owners

There is no doubt that the association of unit owners shall, within three years from the effective date of the Civil Code, amend its articles of association so they are in accordance with this Act. But up to now there has not been a unity regarding the form, in which the articles of association should be amended, i.e. if a form of a notarial deed is required.

Recently the High Court in Olomouc issued a decision (decision of June 28^th, 2016, Reference Number 8 Cmo 202/2016), in which it stated an opinion that in case of an association of unit owners founded before January 1^st, 2014 the decision about the changes of the articles of association does not have to be in a form of a notarial deed.

Through this decision the statements on this question were united because this conclusion of the High Court in Olomouc is identical to the opinion of the High Court in Prague (decision of October 26^th, 2015, Reference Number 7 Cmo 229/2015).

The condition for the above mentioned is, of course the fact that the current articles of association of the respective association of unit owners do not require for their changes a form of a notarial deed.