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Written by Christian Malipaard
21-04-2008
Apartment rights

Apartment rights

Splitting a bigger building into separate units creates apartment rights/condominium rights. The rights and duties of apartment owners are spelled out by the deed of division and the regulations of the Vereniging van Eigenaren (VVE)/owners’ association. Consult GMW Advocaten for any related issue – we are extremely experienced.

Apartment rights give exclusive rights to use a certain self-contained part of a building; usually for residential purposes. The building itself is usually owned by the community of apartment owners organised in a VVE, an association of apartment owners. The rights and duties of all owners are to be found in the deed of division and the owners’ association regulations. Sometimes standing orders are added to these regulations.

Disputes

Sadly, disputes between the VVE and one or several of the apartment owners are quite common; sometimes an owner uses a public space within the building for private purposes or the splitting of maintenance costs for the entire building among owners is questioned. A VVE can also be involved in disputes with third parties; think of contractors who have delivered unsatisfactory maintenance work. GMW Advocaten represents both owners’ associations as well as individual apartment owners in disputes, scanning documents and rules of procedure in order to find quick and efficient solutions to a conflict.

Deeds and rules of procedure

GMW Advocaten advises and assists VVEs (owners’ associations) in drafting the deed of division and its rules of procedure. It is especially important for individual apartment owners to be well informed on the many different provisions and stipulations, in order to have a better understanding of all legal aspects in case of a dispute.

Informatie

Please contact Christian Malipaard for more information on the subject.

Click here for more information on Real estate law and Tenancy law.

 
Christian Malipaard

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