Legal assistance with apartment and homeowners' association matters

Questioner

Ir/Madam, Our building consists of 4 apartments (House, I-, II- & III- high) and an attic. The attic was divided into 4 storage rooms. Each storage room belonged to an apartment. In the attic there was no connection to the sewer, the water network and the electricity network (the lamp was connected to the electricity network of III-high). 2 years ago the owner of House sold his storage room to the owner of I-. The deed of division was changed and the owner of I- started to renovate his storage room, as a hobby room we were told. During the renovation, the contractor reported that the sewer had to be vented. That is why the tenant of III-hoog gave him a key to his apartment. The sewer was vented and was also immediately pulled through the bathroom to the attic (due to miscommunication between the owner and his tenant, this became known to him almost 2 years later - recently). It also became clear that the storage room was converted into a studio (with toilet, shower and kitchenette) (with a new connection to the water network and the electricity network of I-hoog via the air ventilation system). 1-Is flushing the sewer illegal and can it be undone immediately? 2-Can an owner simply convert his attic into a habitable space without permission from the homeowners' association and/or the municipality? 3-This studio is used occasionally (the owner swears that it is not rented and our VvE model regulations are from 1972 and contain nothing about renting out a home). How can we protect ourselves against possible nuisance? 4-Will we not have an issue with the building insurance in the event of fire or leakage in the attic floor? Thanks in advance for your comments, H.

Lawyer

You state that the deed of division has been amended: this requires the permission (and decision) of the homeowners' association. The deed of division states which destination certain parts of the building have. Does it say anything about the storage areas? For the extension of the sewer, permission from the VVE is probably also required. This does not mean that the change must be undone immediately. Another owner and in particular the VVE must have a clear interest in undoing it. An owner cannot use a space in a manner other than the designated purpose given to it in the division deed without the permission of the homeowners' association. An owner should in any case refrain from causing nuisance. If the studio is rented out 'often', and as a result all sorts of strangers walk through the stairwell, then that could possibly be considered as causing nuisance. You could request a rental ban, but whether that is likely to succeed depends on what is stipulated in the model regulations or deed of division. You yourself indicated that no ban is included, so that does not seem to be such a strong argument. You may run the risk that your building insurance will not provide coverage if the damage occurred in the converted storage. You would do well to report the change to the building. This will probably not affect your premium.