VvE Question: Amendment of the Deed of Division

Questioner

We live in a top apartment in a porch with a total of 10 homes (5 floors). We have an attic above the house that is only accessible via our house and is now an empty space. Our neighbours did add it to the apartment and this was also included in the deed of division, even before they moved in. No financial compensation was given for this at the time. Now we would also like to add the attic to our house and have this included in the deed of division (if necessary for a reasonable financial compensation). Normally, such a decision requires an 80% majority. My question is whether the VVE could prevent this if there is no 80% majority, since another apartment within the same VVE has been granted permission? Yours sincerely.

Lawyer

A VvE must observe reasonableness and fairness in its actions. This means that the VvE is not free to take different decisions in similar situations at will, unless there are good arguments for doing so. There are two possible solutions: 1. You take the empty space into use with the permission of the VvE (without changing the division deed); the question is, however, whether this constitutes a valid decision and in the long term there is therefore an uncertain situation. 2. You request the VvE to make a decision to amend the deed of division. The VvE cannot object to this if you offer to bear all the costs involved (costs of amending the deed of division and possibly adjusting your cost contribution, if the adjustment leads to a change in the fraction).