VvE Problem Solved: Front Garden Use

Questioner

We have a VvE consisting of 3 apartments. I live in the apartment on the ground floor. My bedroom is on the side where the shared front garden is. The neighbor who lives on the top floor wants to use the front garden as storage for his motorcycle. I absolutely do not like that because it is a shared space. I have 34/100 of the votes according to the division deed and the other owners 33/100. The 2nd apartment is sublet but does have voting rights. If 2 votes for and 1 against, how strong am I to stop it? And what can I do about it?

Lawyer

Since the front garden is apparently considered communal, the neighbour is not allowed to place his motorbike in the front garden without the permission of the other owners. He is therefore obliged to remove it at the request of the VvE. The board of the VvE can, with or without permission from the meeting, take the measures mentioned in the division regulations to persuade him to do so. A simple majority of votes (half + 1) is sufficient to be able to take legally valid decisions.