The Importance of the Bylaws in the Initial Phase of a Real Estate Project

During the design phase of a real estate project, attention is often focused on architectural aspects. However, while architects play a key role in the project’s success, there are other equally important factors that must be considered from the beginning. Beyond the architectural design, it is essential to integrate a legal team specialized in horizontal property laws to ensure that the project operates optimally in the long term.

It is crucial for the developer, along with the physical design, to also assess the necessary reserves and the administrative feasibility once the project is built. This is where legal advice becomes invaluable. A legal team well-versed in horizontal property laws can help design a management and maintenance framework that not only meets the current needs of the project but also anticipates future challenges, thus protecting the developer’s rights, even in the post-construction phase.

In this initial phase, it is also possible to identify opportunities and challenges that may arise during construction and in the post-construction phase, especially in projects developed in stages. This foresight is essential for including the necessary reserves in the property bylaws, ensuring that the developer’s rights are safeguarded and that the project progresses smoothly.

Well-designed bylaws, tailored to the specifics of the project, will not only facilitate its management but also provide the developer with the necessary tools to handle construction and post-construction administration successfully. This becomes especially important in the years following construction, when the developer begins to realize the economic benefits of the investment and needs to maintain proper control over the development.