Help with Chalet Park Rules and Fines


Questioner

I am the owner of a chalet on a recreation park. The chalets on that park are owned including the land that belongs to the chalet. The park owner is actually only the owner of the infrastructure. There are park regulations drawn up by the park owner (not by the joint owners of the chalets) that go much further than that infrastructure. For example, when the washing may be hung outside. There are hefty fines for violations. When purchasing a chalet, the park regulations are attached to the purchase contract. However, I wonder to what extent such a regulation can be valid if it goes so much further than the interest of the park owner. I can imagine that I am not allowed to do anything that affects the infrastructure (e.g. blocking the sewer) but what does my washing etc. have to do with that. Is there case law on this and if so, what is its scope? I would very much like to know. Thanks in advance.

Lawyer

In fact, the attached park rules belonging to the purchase agreement have been promoted to qualitative obligations. If the rules are not mentioned in the land registry but must be passed on, there is a chain clause. A undertakes to B not to hang out washing and must sell his object to C with a chain clause otherwise he will commit a breach of contract towards B (the park owner). The latter is usually the case with chalet parks. Penalty clauses can always be reduced if they are not in proportion to the nature and seriousness of the violation of the prohibited act.

Questioner

Thanks for your response. I am familiar with this kind of chain clauses. I can also imagine extensive park regulations in those cases where the park owner is also the actual owner of the park, ie the land, and rents it to the owners of the chalets. But may a park owner who only owns the infrastructure impose far-reaching rules that go far beyond his interests? I also ask because chalet parks often change owners and the regulations simply follow while the ownership structure changes from park owner to park owner. Those who own the land (the joint chalet owners) then have no say in the rules for the park and have to make do with outdated park regulations? That sounds so unreasonable.

Lawyer

It goes like this: the person who buys the land is stipulated that he will tolerate certain obligations as stated in the regulations. These are either personal obligations (chain clause) or qualitative (with business effect). The rules must be negotiated in advance. For this reason, it is wise to unite the chalet owners.

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