Definition : Tacit modification

Modification of a contract (subsequent to its formation), when the active or passive conduct of a party indicates an obvious and unequivocal intention to consent to the definitive modification of the contract, and not a simple punctual and temporary tolerance of a situation contrary to the letter of the contract. Since January 10, 2020, the tacit amendment of the by-laws of immovable is no longer possible, any amendment must be made expressly, in minutes or in a written resolution of the co-owners.

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December 31, 2022 - Co-ownership law is booming and is currently undergoing a major reform. But what about tacit changes to the declaration of co-ownership and the by-laws of the immovable? For example, if a co-owner has been using unused space in the garage for more than ten years to store his personal belongings, does he have the right to use it indefinitely? Will the person who eventually purchase their unit also be able to use this space to store their belongings?
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Our declaration of co-ownership provides that the gardens are common portions for restricted use, like the balconies. One of the co-owners, having the exclusive use of a garden, has taken the initiative over the years to make improvements (e.g.: addition of flowerbeds, removal of certain parts of the turf, addition of cedars or other elements, etc.), and this without the prior authorization of the syndicate. However, the board of directors at the time did not object to such work. Questions: Can the new board of directors ask him to restore the premises? Does the concept of vested right acquired by tolerance exist in co-ownership?
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