Articles — Posted on 01-09-2021

Model regulations for the division of apartment rights in small homeowners' associations are available

What are the obligations of owners/users of a small Owners' Association? Who is liable for damage and nuisance, and what costs are borne by whom? Answers to these questions can be found in the new model regulations for the division of apartment rights in small Owners' Associations.

The model regulations (doc) are intended for divisions consisting of 2 to 5 apartment rights. In drafting the model regulations, the text was based on the 2017 model regulations for homeowners' associations (VvEs). The model regulations for small homeowners' associations are simpler in design. Articles that were not required have been omitted.

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Small homeowners' associations (VvEs) often encounter challenges due to legislation and regulations. The Ministry of the Interior and Kingdom Relations commissioned the Dutch Apartment Law Modernization Working Group (WMANL) to identify these issues. The Royal Dutch Association of Civil-Law Notaries (KNB) also participates in this working group. This resulted in the report "Small Homeowners' Associations." One of the report's recommendations was to apply the same regulations as larger ones to small homeowners' associations as much as possible and to incorporate these regulations into a "Model Regulation for Small Owners' Associations." The working group also wrote an explanatory memorandum for the model regulations.

Source: Royal Dutch Association of Civil-Law Notaries

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