What are our rights and obligations regarding the costs of constructing a shared property?


Questioner

During the purchase of our house it was said that the seller and the plot holders were very strict verbally. Unfortunately this is not in the purchase agreement but we have an email about it and the realtor has reported this in writing to the two home buyers and the lots. Now there is a disagreement. However, the plot owners want an expensive option with a well and paving stones. While the original plan consists of half-hardening. Now the people of the plots say "you are 1/5 owner and have to pay. However, we think that the well is not necessary and also outdated. You no longer connect rainwater to the sewer and digging a ditch wadi would be much cheaper. We do want to help dig. The half-hardening also costs a fraction of the installation of expensive paving stones. Which is also good for the drainage of rainwater. Are we now obliged to pay while we a. have confirmation that the seller pays our part via email. And if so, we can demand that we go for the cheap option of half-hardening. Like the original plan. We have also suggested as an option that the seller lays the 300m2 path and everyone pays (we too, even if the seller were to do that) for their own connection to the path with their property and uses what they want and find beautiful. The real estate agent also writes this. It is a red for red plan with three sites and two existing houses. Now a camp has formed between the two parties. The path was removed so that the site owners could build their house and destroy the path with heavy construction traffic. Now that the last house is finished, the seller wants to put the path back.

Lawyer

If this conflict ultimately has to be settled by a judge and there are 4 for the new plan/1 against, you will not be able to maintain your argument. If there is a regular VvE, then those rules also apply.

Lawyer

Then in that case situation 2/3 (also a majority) you should try to enforce the use of the agreed materials and the method of construction. Because in the other case you will use it anyway, and the new approach is probably more sustainable and enriches the business more (each owner) the majority can still enforce that they pay along, after all there is also the enjoyment and enrichment. So I would first try to stick to the first construction plan together with the other owner.

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