Who pays the window cleaner: the individual owner or the homeowners' association?

Questioner

According to the deed of division, the 1992 model regulations apply to our VvE. According to Article 9, paragraph 1, the external windows are included in the common areas and matters. According to Article 3a, the maintenance of the common areas and matters is the responsibility of the VvE. The VvE then decides to make a distinction between inaccessible windows (at the expense of the VvE) and accessible windows (at the expense of the owner in question) when financing the cleaning. Is this decision not in conflict with the model regulations and therefore void? Apart from this, such a decision inevitably raises questions about what is meant by 'attainable' and 'unattainable' and who decides what is (un)attainable.

Questioner

My windows all face a terrace that, according to the division drawing, belongs to my private area. Having read article 18.1 (second sentence) of the model regulations 1992, do I have to wash both the inside and the outside of those windows? Both sides fall within my private area. Or does this mean that the windows are part of the building shell and that the cleaning costs are therefore borne by the VvE?

Lawyer

Do I understand from your story that the windows border on a common part and that the other owners therefore all benefit from it? Is there no special rule included in the deed of division regarding this subject?

Lawyer

If the windows are only for your own use and accessible, you must wash both inside and outside. The windows referred to in the standard model are fixed windows in apartment buildings that are also not normally accessible to the residents. (for example, they cannot be opened or are too high)

Lawyer

addition: In case of doubt about what exactly was the intention to designate for common use or private, a request can be made to take a clear position on this in the meeting, referring to documents, as sometimes a division drawing shows something different.