VVE and Common Areas: Questions and Advice

Questioner

our dormant VVE of three houses has a deed of division from 1968 in which only common parts are mentioned, no specific parts are named. A supplementary deed from 1973 excludes the balconies and the staircase from the common parts. My question is whether the floor wood on the ground floor (of 1 owner) belongs to the common areas and therefore needs to be replaced at the expense of the VVE.

Lawyer

That is a difficult situation. This question seems more for the notary to me. Perhaps you can contact the notary line or look it up on Google to ask a question about this to a notary.

Lawyer

I would need to see the deed of division and the supplement to be able to make a statement about this. You can contact me directly if you wish.

Lawyer

The model regulations of 1973 first described which items are common. In older deeds this is usually not (extensively) stated. The starting point is that the common items must be understood as: the foundation, the construction (vertical and horizontal), the shell and the roof of the building, so that this starting point must also apply in the present case. As regards the question of whether balconies are common, reference can also be made to the division drawing. The private section is shown on this. If the balcony on the drawing belongs to the private section, the floor is not a common item. If you have any questions or would like advice, please feel free to contact me without obligation and free of charge.

Lawyer

You sent me the text of the article on common costs from the deed of division. This text corresponds to that of the model regulation 1956. The deeds of division dating from before 1973 are in most cases based on this model regulation 1956, that regulation did not contain a list of the common items. Such a list is also missing in the law. In the literature it is assumed that the land, the building and the constructive parts are common, even when a different formulation is included in the deed of division because these items are 'by nature' for common use. It follows from this that the beams under the floor are common but the planks lying on those beams are not.

Lawyer

I have studied the same text and I am of the opinion that the entire subfloor, including the planks, belongs to the common parts.

Questioner

That's difficult for me, two lawyers and two opinions. The beams of the floor are clear, so the floor wood is unclear. The deed of division does not provide any clarity about this. The client replaced the floor without consulting the members of the VVE