Legal Assistance with VVE Cost Allocation
Questioner
In our deed of Subdivision of homes (Part of a mixed complex with Main and Subdivisions) fractions are included per home. However, nowhere in this deed of residence does it state that the common costs must be calculated on these fractions in order to pay the VVE contribution. Can we as residents determine a distribution key ourselves or are these fractions mandatory?Lawyer
In the model regulation for subdivision of 2006, article 8 paragraph 2 states that the owners are obliged to contribute to the common costs in proportion to the fraction. A similar provision was included in previous model regulations. If the deed of subdivision does not contain a reference to a similar provision, the owners of the sub-apartment rights must contribute to the common costs in equal parts (instead of according to the fraction), on the basis of article 5:113 paragraph 2 BW. If no provision is included in the deed of subdivision, the common costs must be divided in this way; the owners can only deviate from this by amending the deed of subdivision. An exception to this are the costs of renewing common installations insofar as this cannot be regarded as maintenance; if the regulations provide for this, the meeting can decide to establish a different ratio (see article 52 paragraphs 8 and 9 and article 59 paragraph 1 letter h of the model regulations 2006)Questioner
That is the point. Our deed of division is not a model regulation. It is a piece of custom work with a Main and various sub-divisions. However, the deed of the Main division does include that the common costs (only the insurance premium) of the main apartment rights are divided over the fractions. Does this mean that this applies to the sub-division homes, even though that provision is not included in that division?Lawyer
No, the subdivision has its own cost structure. In my opinion, each subdivision should be a bit of customization, usually such a deed is based on a model regulation and this is also stated in it. However, if the deed of subdivision lacks a provision on the division of the costs, then the rule from 5:113 section 2 BW applies, so each sub-owner for an equal share.Questioner
Thank you. It is clear to me now.Neem de volgende stap
Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.