2/3 or 100%: What Level of Consent Is Needed to Convert a Common Area in a Residential Building?

In almost every building, there is at least one space that eventually becomes the subject of the same conversation: a laundry room, drying room, attic, storage room, part of the basement… it sits there for years, nobody really uses it properly, and then a very logical question comes up:

Can it be attached to an apartment, turned into useful space, or repurposed? 🤔

And right after that comes another, even more important question:

Is a 2/3 majority enough for that, or do all apartment owners need to agree?

That is where the classic confusion begins. Some people say, “If the law says 2/3, then that’s it.” Others say, “No way without everyone’s consent — it’s shared.” And honestly? It is no surprise people get confused. 😅

The truth is somewhere in between: when we are talking about repurposing, attaching, or converting a common area, the law and real-life practice do not always sound as simple as people expect. That is why it is important to understand the difference between what is formally enough for a decision and what is safest in real life. ✅

In this text, we will explain what that really means, without complicated language and without those classic four-line legal sentences you have to read three times before you understand what they actually say.

Why does this question confuse people so much? 😵‍💫

Because many people mix up two completely different things:

  • building management
  • disposal of a common area

These are not the same thing.

For example, when apartment owners decide on cleaning the entrance, fixing the intercom, repainting the hallway, or choosing a building manager — those are issues of building management. If you need broader context, follow the link to Homeowners’ Association in Serbia: What It Is, How It Works, and Why It Matters When Buying an Apartment.

But when the decision is about attaching part of a common area to one apartment, turning it into residential space, or giving it a new purpose, then we are no longer talking only about organizing life in the building. We are talking about something that affects all owners. 📌

And that is exactly where the problem begins.

Because it is one thing for neighbors to agree on replacing a light bulb in the hallway, and quite another to decide on a part of the building that belongs to everyone. 🏢

“It is not the same thing to decide on building maintenance and to decide on a space that is part of the shared story of all owners.”

What is considered a common area of a building? 🧱

When people hear “common area of a building,” they usually first think of the hallway, elevator, or staircase. But in practice, the term is much broader.

It can include, for example:

  • a laundry room
  • a drying room
  • an attic
  • shared storage
  • part of the basement
  • various utility spaces
  • other parts that are not someone’s separate apartment or commercial unit

That is why confusion often happens. Someone says, “Well, nobody uses it anyway.”

But the fact that a space is not used often does not mean it has stopped being a common area. ⚠️

It is like having a bicycle room in a building that almost nobody uses. It may be neglected, but it is still not a “free” space that someone can simply take and attach to their apartment.

We also recommend reading Parts of a Residential Building: What Every Property Buyer Needs to Know, because that article explains exactly what falls under common areas and why that matters.

“Just because a space is not being used does not mean it stops being a common area of the building.”

So, the first important step is to determine one basic thing: is this space actually a common area of the building?

What does that famous 2/3 actually mean? 📊

Now we come to the part everyone cares about most.

When people talk about a decision of the homeowners’ association, the law says that some more important decisions require a 2/3 majority. That is why many people think the answer is very simple:

you gather a two-thirds majority and that is it.

“The law provides that decisions on the disposal of common parts of the building are made by a majority consisting of 2/3 of the total number of votes.”

But in practice, things are rarely that simple. 😅

Why? Because not every decision that formally passes a vote is automatically safe from problems later on.

If, for example, a shared drying room is attached to one apartment or part of the attic is converted into living space, the other owners may feel that something that used to be shared has now been changed. At that point, the issue is no longer only whether enough people voted for it, but whether the decision could later cause a dispute, delays, or dissatisfaction.

You can read more about this in Converting Common Areas into Private Apartments: What You Need to Know.

That is why 2/3 is important as a starting point for thinking about the decision, but it is not always the end of the story. 🧭

So, is the consent of all owners actually required? 👥

This is the main point.

The fairest answer is:

It does not always mean that nothing can be done without 100% consent, but full consent is almost always the safest solution.

That is the important part to understand.

So:

  • a 2/3 majority may appear to be a sufficient basis for a decision
  • but 100% consent is what reduces the risk of later problems the most

Why does that matter?

Because when common areas are involved, people are not arguing only about square meters, but also about fairness.

Someone may say:

  • “Why should that owner get the space?”
  • “Why was it not offered to others too?”
  • “Does that mean the rest of us are losing something that used to be shared?”
  • “Could this create a problem for everyone later?”

And all of those questions are completely real. 💬

That is why, in practice, it is often smarter to go for a solution that is not only formally sufficient, but also more stable on a human and practical level.

If everyone agrees, there is a much smaller chance of later objections, neighbor disputes, or the whole process getting stuck. 🤝

Why is 100% often the calmest solution? ☮️

Because life in a building is not just a set of rules. It is also a set of relationships.

You may formally have the necessary majority, but if several owners remain upset, the whole thing can very easily turn into:

  • objections
  • challenges to the decision
  • refusal to cooperate
  • delays in the process
  • paperwork issues
  • long-term tension in the building

And we all know what happens when relations between neighbors break down — then even saying hello in the hallway stops feeling normal, let alone handling a serious real estate issue. 🙈

That is why full consent is often the best solution not only legally, but practically as well.

Sometimes it is simply better to invest a little more time in informing everyone, explaining everything clearly, and reaching a broader agreement than to spend months putting out fires afterward. 🔥

“A 2/3 majority can help a decision get started, but 100% is often what helps it survive later.”

What is the smartest practical conclusion? ✅

If we look at it simply and in human terms:

2/3 matters, but 100% is the cleanest solution.

That is probably the best summary of the whole topic.

So when someone asks:

“What level of consent is needed for repurposing a common area of a building?”

the answer is:

A decision may be adopted with the required majority, but when something is being changed that affects all owners, full consent is the safest and calmest solution.

That does not mean every situation has to be blocked until literally everyone agrees. But it does mean it is not wise to look only at the number of raised hands and ignore what that decision may trigger later.

In real estate, it is always better to resolve things so that they are:

  • legally sound
  • technically feasible
  • clearly documented
  • understandable to all owners

Because what looks like a “quick fix” can very easily turn into a long headache. 😵

“When common areas are involved, the goal is not only for the decision to pass — but for it to hold up later.”

Conclusion: the point is not just to rearrange the space, but to keep everything clean and sustainable 🏁

Repurposing or attaching a laundry room, attic, storage room, or another common area may sound like a simple idea — until questions start coming up about consent, documentation, and the rights of the other owners.

That is why the most important thing is not to make these decisions too quickly.

The legal minimum and the safest practical approach are not always the same thing.
And that is exactly why it is smart to check everything in advance, before anything is promised, agreed, or signed. ✍️

🤝 That is why help from a real estate professional can be very useful. A good agent can help identify risks early, clarify the procedure, connect the legal and practical sides of the process, and prevent costly mistakes. When common areas of a building are involved, professional support often means less stress, less confusion, and a much safer path to a solution.