VVE and Top Floors: What are the Voting Interests?

Questioner

Good morning, we live in an old apartment from 1951, of which all the attic floors are owned by the VVE. Now there are 2 residents of the 6 of the top floor who want to buy the attic, permission is required from the VVE per apartment? or both vote equally? one for 16 votes how much is decisive? at the VVE they say 80% but I doubt whether this is legal?

Lawyer

This is actually about 2 things: - First of all, the deed of division will have to be amended; the amendment means that the common attic floors will receive their own index number so that they can be transferred separately. The deed of division can be amended by all owners or by the board; for the latter, a decision with a majority of 4/5 is required. If the deed of division was passed or amended after 2006, it is possible that a different percentage is mentioned in the deed of division. - After the division has been changed, the attic floors can be alienated separately by the VvE, so a purchase agreement must be concluded. A decision must also be taken for this. If the deed of division does not state that a reinforced majority is required for this, this decision can be taken by a simple majority of votes.