Frequently asked questions

When an apartment owner is of the opinion that a decision by an organ of the Homeowners Association unreasonably affects their interests due to its content or manner of coming about, they can request the court of first instance to annul a decision within one month after they were able to take notice of the decision (Book 5 Civil Code: art. 130).

Legally, a board is appointed by the members. The board ensures the implementation of the decisions of the owners’ meeting. The owners’ meeting can appoint an external, professional HOA manager to relieve the board of the burden of executing all decisions.

After a legally valid decision by the owners’ meeting and approved budget, orders can be issued for major maintenance. See the article “Major Maintenance within your HOA” for this.

Major maintenance is maintenance that is carried out in a fixed cycle and recurs regularly. Major maintenance can always be found by an owner on a Multi-Year Maintenance Plan (MYMP). This MYMP is approved annually at the owners’ meeting.

The owners’ meeting annually establishes a budget listing all costs that the HOA must pay for the HOAs operations. In the deed of division, an owner can find the allocation key of their apartment right. This allocation key is applied to distribute the total budget across all apartment rights.

The deed of division, including its bylaws and regulations, is a notarial deed that must at all times be registered with the Land Registry. Upon the transfer of an apartment right, the civil-law notary is required to provide this deed to the new owner. The Land Registry is a public register, meaning the deed can be requested directly from the Land Registry.

The owners’ meeting is the highest governing body of the HOA. All decisions concerning the management of the common property are taken within this meeting. All apartment owners have access to the owners’ meeting. Decisions are adopted by an absolute majority of the votes cast.