It is crucial that all obligations and agreements between co-owners are documented in writing within a community of co-ownership. This way, everyone has a clear understanding of their rights and responsibilities regarding the building. The main documents for this purpose are the deed of division, the regulations of co-ownership (together known as the articles of association), and the internal regulations. Below you will find more information about the regulations of co-ownership.
Where to find the regulations of co-ownership?
The regulations of co-ownership are part of the articles of association of the apartment building or business complex and are drawn up by the notary, together with the deed of division. These regulations determine the main rules for co-owners, both in their relationships with each other and with the Association of Co-Owners (VME).
Description of the rights and obligations of co-owners
Co-owners have rights and obligations regarding both the private and common areas.
Private areas
Each co-owner has "an exclusive and undivided ownership right" with regard to their own private area. However, this right is limited by the interests of other co-owners, as stipulated in the regulations of co-ownership. For example, although a co-owner is generally free to modify or merge their private area, restrictions may be imposed to maintain the appearance of the building.
Each co-owner may make minor changes or improvements within their own private area, but for interventions that affect the common areas, permission from the general meeting is usually required.
The regulations of co-ownership usually also contain clear regulations regarding the use of private areas, such as restrictions on commercial use.
Common areas
Co-owners share ownership rights over the common areas of the building. The regulations of co-ownership clearly define the permitted use of these common areas.
Criteria for the distribution of costs
The regulations of co-ownership specify how the common costs are divided among the different private areas, which forms the basis for the syndic to distribute the costs among co-owners.
Also inform the tenant!
Tenants must also be informed of and comply with the regulations of co-ownership. Landlords must inform tenants of the contents of these regulations before signing the lease agreement and ensure they agree to them. This can be done by adding the regulations to the lease agreement.
As a landlord, you are responsible for informing your tenant about the regulations of co-ownership. If the tenant does not comply with the rules, other co-owners may hold you liable for this.