Apartments and apartment rights

The Netherlands has many buildings where multiple parties own a part of the building.
Often, such a building is split into apartments resulting in apartment rights.

Apartment rights

An apartment right is a share in the building with exclusive use of a particular individual part, usually for residence but sometimes as business space.

Homeowners Association

The building itself is owned by the community of apartment owners who unite in the Homeowners Association (HOA or VVE in Dutch). Membership of the HOA which is responsible for (management and maintenance of) the building is mandatory for the apartment owners.

Rights and duties of apartment owners

The rights and obligations of the apartment owners are including in the deed of subdivision, the subdivision plans, the subdivision regulations and (sometimes) the bylaws. The decisions of the members of the HOA can have legal consequences for the HOA and the apartment owners. In addition, some provisions in the Dutch Civil Code (especially Book 2 and 5 CC) are applicable to apartment rights. GMW lawyers knows how to favourably apply a great diversity of rules and laws to your case.

Summons or petition

With respect to apartment rights, summons and application procedures alternate. Sometimes the sub-district judge has jurisdiction and at other times the District Court. GMW lawyers is knowledgeable in the field of apartment rights and knows which proceedings to instigate before which court. In addition, we are also alert to the sometimes strict deadlines which may apply to apartment rights.

Disputes between the HOA and the apartment owner

Sometimes disputes arise between the HOA and one or more of the apartment owners. For example, if an owner does not want to pay for maintenance of the property or when an occupant uses a communal area for private purposes. Also, decisions of the HOA are commonly disputed. This requires that the aggrieved party takes the initiative and goes to court. GMW lawyers has extensive experience in conducting these procedures, for both apartment owners as well as for homeowners associations.

Dispute between the HOA and third parties

Problems can also arise between homeowners associations and others such as contractors, painters, installers, etc. that have supplied defective work, or an executive / external manager who fails to comply with the administration and accounting requirements for the HOA. GMW lawyers advises homeowners associations, property managers and individual apartment owners in the event of such conflicts.

We provide advice on the best strategy, taking into account the rights and obligations stipulated in the apartment rights. In consultation with the client the best possible solution is attained, preferably without going to court. If legal proceedings are inevitable, GMW lawyers can assist the HOA, the manager or the apartment owner.

Other stakeholders

GMW lawyers also acts on behalf of real estate investors, housing corporations, developers, (executives / managers of) HOA’s. Our clients are increasingly having to deal with issues and disputes arising from apartment rights and we assist these clients with this task. GMW lawyers has a broad experience and specialist knowledge of apartment rights.

More information

GMW lawyers will be happy to help you with all your real estate issues. If you have any questions, please contact us directly using the enquiry form below or +31 (0)70 3615048. Our real estate law lawyers will be glad to support and advise you.

Lawyers

Glenn Kerver

Marie-Christine Veltkamp-van Paassen

Raymond de Mooij

Stephanie de Wit

Wouter de Veer

Zoë Ris

All lawyers

Are you looking for a real estate lawyer in The Hague?

GMW advocaten will be happy to help you. Do you have a question or want legal advice? Feel free to contact us.

"*" indicates required fields

6 December 2023

Didam judgment: contracts void or voidable?

In the context of administrative law, the Division has previously ruled that public bodies are required by the principle of equal opportunity or equality to provide interested parties with scope to compete in the event of scarcity.

18 October 2023

Hothead

Ingrid Kastanje operates a large real estate portfolio in The Hague, together with her husband. Two born and bred ‘Hagenezen’ with their hearts on their sleeves.

4 October 2023

Borsato

Could it be typically Dutch? People gloating when successful compatriots are made fun of in the media? After all, we are envious people.

27 September 2023

Trial by jury

In civil cases, litigation easily takes a year, and two or three years also occurs. Colleagues of mine have proceedings pending that have taken more than a decade, including appeals.

28 June 2023

The proposed regulation of the mid-segment of the rental market: a curtailment of property rights?

On 9 December 2022, Housing Minister Hugo de Jonge announced his plans for the proposed regulation of the mid-segment of the rental market.

14 June 2023

A negative decision by an Owners’ Association on an addition, extension or superstructure: what options does the apartment owner have?

When an apartment owner wants to expand his apartment with an addition, extension or superstructure, he almost always needs permission from the Owners' Association to do so.

27 March 2023

Mortgage deed and prohibited letting

Due to high demand and limited supply in the property market, buyers are increasingly forced to make an offer on property without a financing arrangement clause.

20 March 2023

Common cold

“There is a dangerous man in the waiting room”, the switchboard operator said in a whisper. “He says he has an appointment with you”. Delano Tak was indeed an impressive sight. Two metres tall, a shaved head and a pockmarked face.

13 March 2023

Non-compliance in real estate

Unfortunately, it sometimes happens that hidden defects emerge after the purchase of a property. These could include faulty roof structure, dampness or foundation issues.