Legal questions about common areas?


Questioner

I live in an apartment on the 2nd floor. (Owned house) There is a shared staircase to get out of the building. Now it happens regularly that the downstairs neighbors of the 1st floor are staying on the last staircase to get outside. They sit there smoking, extensively cutting their nails or just sitting and talking with several others. If you ask if you can pass, they move a little bit. Sometimes I have to pass with a lot of bags or groceries, which brings the risk that I unknowingly hit someone with my bag or that I trip because I don't have enough space. I have asked the tenant of the house a few times to stand up if I have to pass, but they nod yes and only move their legs a little. They don't speak Dutch either, so it is also possible that they don't understand me. The neighbor on the ground floor has an entrance next to the stairs together with the neighbors next to him and I also notice that he has had a cement beam placed to keep out dirt and blisters. I always thought that common areas had to be kept free (no bikes/plants or loitering) unless this was discussed with the other residents. Does this only apply to rental properties? Incidentally, the 6 apartments are divided per 3 according to the deed and there are therefore 2 homeowners' associations present. However, I wonder what the situation is with the common areas such as the stairwell in this case.

Lawyer

If this stairwell is also intended for fire and/or escape route, then it must be free of obstacles at all times. There must also be a house rule present, in which this will be stated. You may of course also contact me directly for further information.

Questioner

Thank you very much for your answer. There are no house rules present so I will first try to draw them up via the VVE. If I still can't figure it out, I will certainly contact them for more information.

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