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Split in apartment rights
A division in apartment rights is the division of a building into independent units (apartment right). Anyone who has an apartment right has a share in a building. That share gives the right to the sole use of that particular part of the building. Moreover, the apartment right gives the right to use common areas. The share and the right of use together form the apartment right.
The relationships, rules, rights and obligations that apply to members of the VvE are laid down in the deed of demerger.
Deed of Demerger
The deed of division or deed of division is drawn up by the notary and is the legal foundation for the establishment of the VvE. You will receive this deed when you purchase your apartment. The deed of division describes what communal and what private parts are and what share your apartment right has in the VvE.
In most cases this share is based on the size of the apartment right. This is usually linked to the voting ratio and the share of the common costs. So usually the bigger the apartment, the bigger your vote and your share of the costs.
The model regulation or division regulation is a starting point. The deed of division specifies which model regulations have been declared applicable and whether amendments or additions apply. Together these are referred to as the articles of association of the VvE. This is the “constitution” of the apartment complex.
In addition to the deed of division in force and the division rules, each HOA can draw up internal rules for itself. These regulations regulate matters of a 'household' nature. This includes, for example, determining the color scheme of awnings, whether or not satellite dishes or air conditioning outdoor units are allowed, use of the communal areas and the like. However, these rules may not conflict with the law, the deed of division and the division regulations.