Apartment Liability: An Essential Guide

Questioner

2 apartments in 1 building Separate entrance and separate house number without homeowners association. How far does liability go., When selling 1 apartment, what needs to be arranged without running into problems later?

Lawyer

If a building is divided into apartment rights, there is also an association of owners (VvE). In your case, as far as I understand, this is not active and therefore the legal requirement to maintain a reserve fund is not currently being met. As a result, the VvE runs the risk of being fined EUR 16,500. A potential buyer will not be keen on this, so the advice is to activate the VvE, register it with the Chamber of Commerce, open a bank account and create a reserve fund. There is a bill on the basis of which a minimum amount will soon be mandatory, at the moment there is no minimum amount. The building insurance must also be put in the name of the VvE. When transferring an apartment right, the notary must attach a declaration from the VvE to the deed of transfer. This declaration must include the size of the reserve fund. In order to be able to issue this declaration, the VvE must be activated in the manner described above.

Questioner

Thank you for answering this question.