Changes in Main Split: What to Do?

Questioner

Our complex consists of a deed of Main Division (6 apartment rights) and 3 sub-divisions, with the following functions: 1. Living 2. Public services ( 2 ) 3. Shops 4. Parking 5. Residential / commercial space Now 2 parties in the Main Split want to change the deed of Main Split. In principle these two parties have the necessary 80% of votes in the main split to be able to push this through. However, this 80% is not present in one of the subdivisions, being the subdivision with the most limited rights (mortgage holders, etc., etc.). Can these parties still push through the changes in the Main Split? Moreover, all deeds (with the exception of a number of articles about, for example, the number of votes and technical installations) contain the same information about common and private matters/parts. This is not a model regulation.

Lawyer

If the deed of main division does not deviate from this, the general meeting of the main division can decide to amend the main division, for which a majority of 4/5 (i.e. 80%) is required. The 2 owners who together have 80% of the votes in the main association can therefore 'push through' the amendment. The other owners may have the option to submit a request to the subdistrict court to annul the decision within 1 month after they have been able to take note of the decision (i.e. at the meeting where the decision is taken). Incidentally, it is very questionable whether, due to the connection between the main division and the subdivisions, an amendment to the main division does not entail that amendments must also be made to the subdivisions.

Questioner

Can such a Main Division / association also determine that something becomes common in the Main Division that is disputed between a sub-division and the main division, or which is apparent from the deed of both the main and sub-division that it is private in the sub-division?

Lawyer

This question cannot be answered without having taken cognizance of the deeds of main and subdivision and the relevant proposal. A private part cannot simply become common, a transfer to the joint owners is required for this.