Legal Assistance with VvE Disputes
Questioner
I recently became the owner of an apartment with an indoor balcony on the second floor, right on the sunny side. I hung an awning there without first asking permission from the Vve, not knowing that this was an obligation and also because there was already an awning at another apartment. I was approached by what he claimed was a board member and said that I should just apply anyway and that it would be fine. I apologized for this and asked permission anyway. This was refused by the board because nothing was allowed to be hung on the apartment building. Objection filed because there is also air conditioning, birdhouses, roller screens, as well as a similar sunshade as what I have installed. An objection was lodged with the Vve stating that they could not give permission to one owner and not to the other, to which the board responded that the matter would have to be voted on at the AGM. I agreed to this if there was a vote on whether sunshades could be hung on all balconies or not on any. But the board did not want that, a vote had to be held on my screen only, I and several owners objected to this, but the board insisted and a vote was taken that I had to remove my screen and the other same screen for which permission had apparently been given in the past could remain. Is the above lawful?Lawyer
No, in the sense that you should look in the house rules to see under what conditions permission for hanging an awning can or cannot be granted, what are the requirements? That other screen, it may be that it has been hanging for a very long time and falls under a kind of transitional arrangement? (when there may have been other rules in force in the VVE)Neem de volgende stap
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