Legal advice on storing a motorcycle in the garden | Legal advice centre
Questioner
A month ago we bought a corner parterre. We want to have a shed built in our back garden in which a motorcycle can be parked. On the side of our back garden there will be a door to the public road. Now it is stated that we need permission from the General Meeting of Members to park the motorcycle. The deed of division states that we are obliged to lay out this garden at our own expense and to maintain it in accordance with the decisions of the meeting and the internal regulations. The hhg only states something about parking motorized vehicles in the common areas, which of course our garden is not. Can we park the motorcycle in our garden without permission?Lawyer
In principle, you are entitled to build a shed in your garden and park a motorcycle in it without permission from the VvE meeting. This may be different if the garden cannot be considered a private area and/or the deed of division or the applicable (household) regulations stipulate that the construction of buildings or the parking of motor vehicles in the garden is not permitted. Whether the garden can be considered a private area must be apparent from the deed of division. This is the case if the garden is explicitly mentioned as part of the apartment right. If you have any questions or would like legal assistance, please feel free to contact me without obligation and free of charge.Questioner
The garden is definitely designated as a private area. The bylaws also say nothing about parking a motorcycle on private property, but on common property. And the deed of division states: the owner or user of a private area designated as a garden is obliged to create and maintain it at his own expense, taking into account the decisions of the meeting and the bylaws. There are no known or registered decisions regarding parking a motorcycle. So...? Can we park the motorcycle?Lawyer
Based on what you have presented to me, I am of the opinion that you are allowed to store the motorcycle in the shed and that you do not need permission from the VvE meeting to do so.Neem de volgende stap
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