20 November 2024
Acquisitive Prescription and Property Boundaries
We regularly handle disputes concerning the acquisition of land through prescription.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
GMW advocaten will be happy to help you. Do you have a question or want legal advice? Feel free to contact us.
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20 November 2024
Acquisitive Prescription and Property Boundaries
We regularly handle disputes concerning the acquisition of land through prescription.
Read more
28 October 2024
The written requirement when buying a property
When a residential property is sold, this can be done verbally or in writing. If the parties agree on the so-called 'essentials' of the purchase, such as the price and the object, then they are in principle bound to the purchase. However, for a private buyer, there is a written requirement that stipulates that the buyer is only bound to the purchase when it is documented in writing.
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4 September 2024
What is the value of common property in a Homeowners Association?
It's not an uncommon situation: a member of the Homeowners Association (HOA) expands their garden or rooftop terrace beyond the boundaries of their private section and later asks the HOA to legalize this change.
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12 August 2024
Commonality of a shared wall
Commonality is often a point of discussion between neighbors: is the fence between two gardens common property? If so, can one neighbor then carry out maintenance or even completely replace the fence (partly) at the expense of the other neighbor?
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29 July 2024
The obligation to complain
It often occurs that an object does not correspond to what has been agreed. After the delivery of a property, for example, hidden defects may arise.
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31 January 2024
Robot lawyer
A ‘robot lawyer’ has been made available on the market in America. This is an app with legal information that would make using a lawyer unnecessary. ‘Fight corporations’, ‘find hidden money’, ‘beat bureaucracy’. This is what the robot can and will do. ‘Sue everybody,’ is the urgent advice.
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24 January 2024
Contracting work
A building contract exists when one party, the contractor, undertakes to the other party, the client, to deliver work for payment of a sum of money.
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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.
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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.
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