Who pays the window cleaner? The 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. Question 1 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 concerned) when financing the cleaning. Is this decision in conflict with the model regulations and therefore void? Question 2 My windows all face a terrace that, according to the division drawing, belongs to my private area. 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 are in my private area. Is this interpretation correct? Question 3 If so (question 2), will the painting of the frames in question (both inside and outside) be at my expense or that of the VvE? Or does article 18.1 only apply to the glass?

Lawyer

The AGM of the VvE can make legally valid decisions, the content of which deviates from the model division regulations. question 1. no. question 2. yes. Question 3. Based on Article 18.1 of the 1992 model regulations, you are responsible for painting the outside of the window frames.

Lawyer

I understand from your review that you don't like the answer. That's a shame, because it is correct. The AGM is the owner of the building and has all the powers. These powers are only limited by the law and what is stipulated in the deed of division. A decision of the AGM that conflicts with the deed of division is in principle null and void, but that does not prevent the AGM from changing the agreements in the deed of division by unanimous vote. The rules of the internal regulations can also be changed by a decision of the AGM.