In a verdict dated June 28, 2016, file No. 8 Cmo 202/2016, Olomouc Supreme Court unified existing conflicting case law on the form required for changes to the bylaws of associations of unit owners (AOU) established before 2014. Under Act No. 89/2012 Coll., the Civil Code, as amended, both the bylaws of an AOU and any amendments made to them require the form of a notarial deed. A question has therefore emerged about whether this mandatory format must also be observed in the case of changes to the bylaws of AOUs that were created before the new Civil Code took effect, i.e. before 2014.
While Olomouc Supreme Court inferred that changes to the bylaws of AOUs established before 2014 must be in notarial deed form, Prague Supreme Court reached the opposite conclusion. At a joint conference of Supreme Court judges in June this year, these opinions were reconciled with the result that the notarial deed form must be observed only for decisions about changes to the bylaws of AOUs created since January 1, 2014. The latest Olomouc Supreme Court decision demonstrates the reconciliation of these opinions.