As the owner of a garage, do I have to pay a VvE contribution for, among other things, elevator use and elevator renovation?

Questioner

On the ground floor of an apartment building (42 apartments + 42 storage rooms and 6 garages) I bought a garage box, while I am not the owner of an apartment with storage room. According to the deed of division, the fractions are as follows: 10 for the house, 1 for storage room and 3 for the garage. The monthly VvE contribution for a house + storage is now € 350, and according to the VvE manager I therefore have to pay € 80 for the garage. In short, I contribute to all maintenance costs of the homes (central heating system, electricity/lighting of the porch/stairwell, electricity and maintenance of the elevator, cleaning stairwell, window cleaning) while I only have a garage box without electricity and without heating and hardly any maintenance costs (only a garage door) Is this amount reasonable and fair, even if it is stated as a division in the deed? I don't think so, i.e. the value of the house and storage room is approximately € 300,000 and the value of a garage € 30,000 (10: 1), whereby my garage contribution is almost a quarter of the housing contribution. Can this be contested on the basis of the reasonableness principle according to articles in the Civil Code?

Lawyer

It is understandable that you have questions about the amount of the VvE contribution for your garage box, whereby you contribute to things that you may not use, such as the use of the elevator. The starting point for determining the amount of the VvE contribution is indeed the division as recorded in the deed of division. This division is expressed in fractions. Your garage has a fraction of 3, according to the deed of division. It seems that the VvE divides the costs among the owners based on these fractions. You as a garage owner pay less than the apartment owners, who have a larger fraction. This is a commonly used method, and in itself not unreasonable. The question whether this is reasonable in your specific situation is another matter. For example, you pay for the elevator, while you do not use it. You may find this unfair. However, it is not the case that only users of certain facilities have to pay for them. Sometimes, they have to pay in proportion to use, for example for energy costs. But this often does not apply to the costs of maintenance and replacement of the elevator. The idea is that all owners of the apartment building benefit from a well-maintained building, even if they do not have direct access to all facilities. Whether you can demonstrate that the VvE contribution is unreasonable in your case, and whether it is possible to challenge this contribution, is a complicated legal question. You would be wise to seek legal assistance in this. Finally, it is important to remember that your interests as a garage owner are very different from those of the apartment owners. You may ultimately come to the conclusion that it is better not to place your garage in this VvE, but for example in a separate VvE for garages. You should also seek legal advice for this. In your specific situation it may be wise to consult a lawyer or attorney. They can assess your situation and advise on the best approach. ------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.