Legal questions about VVE and notarial deeds
Questioner
We are a VVE of a holiday park. Now plots and houses have been sold from bankruptcy. A notarial deed states that when passing the deed, the owner of the house or a piece of land is obliged to become a member of the association of owners. However, the new owners are of the opinion that they are not obliged to do so because it is an association and therefore does not fall under the apartment right. My question. What is the value of this notarial deed. It is at the land registry and is registered there as such.Lawyer
An owner automatically becomes a member of an owners' association if there has been a division into apartment rights. This will be the case if the plots have been divided into apartment rights. This would then concern a so-called horizontal division. If this has not occurred, there is a regular association, of which one does not have to become a member. In order to answer your question, it is therefore important to determine whether there is actually a membership of an owners' association. If you have any questions or would like advice, please feel free to contact me without obligation and free of charge.Lawyer
In addition to the response of Mr Van den Bosch: if there is no VVE that has been created by virtue of a division into apartment rights, then a provision in a notarial deed that states that the buyer is obliged to become a member of the VVE on the basis of the right of freedom of association as included in the constitution, among other things, is null and void. The buyers do not therefore have to become members, but on the basis of case law they are obliged to contribute to the costs of maintenance and replacement of communal facilities that they actually use, such as the roads and lighting in the park.Neem de volgende stap
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