Title 9
in forceAppartementsrechten
Section 1
Algemene bepalingen
An owner, a holder of a right of ground lease (erfpachter), or a holder of a right of superficies (opstaller) is authorised to divide their right to…
An owner, a holder of a right of long lease (erfpacht), or a holder of a right of superficies (opstal) is also authorised, in connection with a…
The apartment owners are obligated towards one another to establish and maintain the construction, the layout of the building, or the layout or…
The division is effected by a notarial deed intended for that purpose, followed by the registration of that deed in the public registers.
Notwithstanding the lack of authority of the person who effected the division to dispose of a registered property involved therein, the division is…
The deed of division must contain:
The regulations must provide for:
The shares arising from the division into apartment rights are equal, unless a different ratio has been determined in the deed of division. In the…
If, at the moment of the registration of the deed of division, a mortgage, an attachment, or a preferential right rests on all registered property…
Where a right of ground lease (erfpacht) or a right of superficies (opstal) is included in the division, the ground rent (canon) or the periodic…
Where a right of ground lease (erfpacht) or a right of superficies (opstal) is involved in the division, the provisions of the following paragraphs…
An apartment right may be transferred, allotted, encumbered, and foreclosed upon as an independent registered property.
An apartment owner may, insofar as not otherwise provided in the deed of division, without the cooperation of the other apartment owners, establish…
An apartment owner may, insofar as not otherwise provided in the deed of division, without the cooperation of the other apartment owners and holders…
An apartment owner may, without the consent of the other apartment owners, make alterations to a part intended for his separate use, provided that…
Without prejudice to the provisions of Article 112, paragraph 4, an apartment owner is authorised to use the portion intended to be used by him as a…
In all cases in which an apartment owner requires the cooperation or consent of one or more other apartment owners, of the association of owners, or…
Transfer under particular title or allotment of an apartment right includes, insofar as not provided otherwise, the rights acquired as apartment…
In the event of a usufruct of an apartment right, the usufructuary shall take the place of the apartment owner with regard to the liability for the…
Section 2
De vereniging van eigenaars
The association of owners is a legal person.
The meeting of owners is vested with all powers within the association that have not been conferred upon other bodies by law or by the articles of…
The association of owners shall manage the community, with the exception of those parts that are intended to be used as a separate entity. The…
All apartment owners have access to the meeting of owners. Decisions are taken by an absolute majority of the votes cast, insofar as the articles of…
In the event of a serious threat of the emergence of a situation in which a part of the building that is not intended for use as a separate unit does…
The meeting of owners is authorised to establish rules regarding the use of those parts that are not intended to be used as a separate entity…
For the application of Article 14 of Book 2, the deed of division is equated to the articles of association.
By way of derogation from Article 15(3) of Book 2, the annulment of a resolution of a body of the association of owners shall be effected by a…
The board of the association shall consist of one director, unless the articles of association provide that there shall be two or more. In the latter…
The apartment owners and the users of the parts intended for use as a separate entity are obliged to grant access to those parts to an administrator…
In the event of an impediment or absence of the board, it shall be replaced by the chairman of the meeting of owners, unless other provisions have…
Writs and notifications addressed to the joint apartment owners may be served upon the person or at the domicile of a manager of the association; in…
Articles 45, paragraph 4, and 48 of Book 2 shall apply.
Section 3
Rechten uit verzekeringsovereenkomsten
The person who, by virtue of the regulations, is obliged to have the building insured, represents the collective apartment owners in the exercise of…
Disputes regarding repair or the manner of repair shall be decided by the subdistrict court judge of the court of the district in which the building…
Section 4
Wijziging van de akte van splitsing en opheffing van de splitsing
The deed of division may be amended with the cooperation of all apartment owners.
If one or more of the persons referred to in paragraphs 1 and 3 of the preceding article do not declare their position or refuse to grant their…
If one or more of the persons referred to in paragraphs 1 and 3 of Article 139 do not make a declaration or, without reasonable grounds, refuse to…
Upon the claim of an apartment owner who has not voted in favour of a resolution to amend the deed of division adopted by a majority of votes in…
In the absence of the consent referred to in Articles 139, 140 and 140a, or the authorisation replacing such consent, the amendment shall be annulled…
Limited rights and attachments with which the apartment rights are encumbered shall, following the amendment of the deed of division, rest upon the…
The division is terminated by operation of law:
Upon the petition of a person whose cooperation or consent is required for the amendment of the deed of division or for the termination of the…
The apartment owners are obliged to comply with an order as referred to in the previous article, as soon as the decision has become final and binding…
Limited rights, attachments and preferential rights to an apartment right shall, after the termination of the division, rest upon the share of the…
The association of owners is dissolved by operation of law upon the termination of the division.