The association of owners “Statendam” in the municipality of Rotterdam; hereafter to call: Association. The association represents 92 apartments with storage, 1 office space and 58 garage parking places; total 151 apartment rights. The apartment complex is utilised by owners, tenants and users.
Article 1 Aim of the association
The aim is looking after the common interests of the owners and in particular the management of the building as well as the common area’s and common matters.
Article 2 Domestic regulation
The domestic regulation has been determined, in pursuance of Article 44 of the “Reglement van Splitsing” (regulation of separation) that is taken in the “notariële splitsingsakte” (authenticated separation certificate) of the apartment complex “Statendam” located to the Eric Kropstraat 2 – 200 in Rotterdam; it has been registered at the cadastre as section Q number 5801, for the regulation of:
- The use of the common spaces and common matter;
- The use of private spaces;
- The Meeting of Owners; hereafter to call: Meeting;
- When in a passage of this regulation exclusively is spoken concerning an owner, then also is meant a tenant or a user;
- All matter which needs regulation to the judgement of the Meeting, as far as this has not already been regulated in the Regulation of Junction.
The rules meant in Article 5:128 of the “Burgerlijk Wetboek” (Civil Code) have been incorporated in the domestic regulation. Provisions in the domestic regulation, which is contrary to the law or the regulation of separation, are not considered written.
Owners of the apartments are considered to be familiar with the domestic regulation and submit themselves to this. If the owner does not inhabit the apartment himself, it is the duty of the owner to fully inform the tenant about the content of the domestic regulation. Also the tenant or user must submit themselves entirely to the domestic regulation. Although, the owner will keep full responsibility and liability.
Article 3 Meeting of owners
The President has been appointed with the control of the Meeting of the association. In his absence the Treasurer or some other governing board member foresees. The Meeting takes place at least once per year before the 1st of May in the municipality of Rotterdam. During the annual Meeting the annual report, the exploitation account, the budget and the reserve fund (for large maintenance) are fixed points on the agenda. The exact amount of the monthly contribution for maintenance and service costs will be determined and fixed for one (1) year ahead.
Article 4 Offences
When violation of a provision of the law occurs, the regulation of junction and/or the domestic regulation, by an owner, tenant or user, Article 29 of the regulation of separation can be applied. For all cases in which the domestic regulation or the regulation of separation does not provide, the Meeting will decide.
Article 5 Car park
- The car park must be exclusively used for parking motor vehicles within the markings.
- Cars equipped with a LPG (liquefied petroleum gas) system can only be parked if they have a testing certificate of a recognised agency (e.g. RDW – Rijksdienst Voor Wegverkeer). The LPG system cannot be repaired for maintenance in the car park.
- The car park can not be used as a workshop, or as storage like for example; roof racks, trunk luggage covers, shopping carts or transport/cargo trolleys.
- It is not permitted to wash the car in the car park.
- In case of loss of “Garage Door Remote Control” (for access to the car park) the governing board is informed directly. The costs for replacement and system resetting are at the expense of the owner.
Article 6 Nuisance / Impediment
The owner is obliged to ensure the tranquillity in the building and in addition, not to use annoying sound equipment. For the promotion of tranquillity it has been exclusively permitted to perform activities such as drilling, constructing, sawing etc. between:
– Monday till Friday 8:00 AM up to 10:00 PM
– Saturday- & commonly recognised holidays of 10:00 AM up to 10:00 PM
– Sunday 12:00 AM up to 8:00 PM
- It has not been permitted to use the general spaces as playground.
- It has not been permitted for any bicycle, moped, scooter, scoot mobile, rollator/walkers toys, paintings, plant, furniture, garbage bag, etc. to be placed or assembled in the general spaces.
- It is not permitted to deposit undesirable material originating from mail boxes in the general spaces, particularly to deposit it in the entry hall.
- Owners must ensure that animals cause, in absolutely no manner, nuisance to co-occupiers. In the general spaces only leashed or caged animals can be passed through.
- It is prohibited to smoke in the general spaces.
- It is not permitted to use the sewerage system for draining substances or material which can cause obstruction, clogging, plugging and/or possible (environmental) pollution.
- Barbecuing on own balcony or roof terrace has been permitted. Use preferably an electric barbecue. Inform follow co-occupiers on time and consider to limited nuisance as much as possible.
Article 7 Floor covering
The association permits application of hard floor covering under the following tight conditions:
1. At application of hard floor covering in an apartment, the heat insulation index serves for contact sound between the spaces in which this floor covering is introduced and adjacent apartments to satisfy to a LCO of at least +10 dB according to NEN 5077:2001 (European law)
2. If an owner experiences noise nuisance as a result of the hard floor finishing of an adjacent apartment, then he/she contacts the causing party and enters into consultation with them, in order to reach measures for preventing noise nuisance.
3. If the causing party refuses to discuss appropriate measures, or insufficient measures, then the complaining owner contacts the governing board of the association, with the request for conciliation.
4. If presence of hard floor covering and in spite of given guarantees nuisance nevertheless occurs, the causing party of nuisance immediately takes mitigating measures as formulated by the governing board for nuisance to re-occur. The resulting costs are at the expense of the causing party of nuisance.
5. Perceptible nuisance is assessed by the governing board. The governing board can compose an ad-hoc commission of minimum three occupants of three apartments, in which the complainant and the alleged causer of nuisance are no participants. If occupants of several apartments complain concerning a certain apartment, the nuisance has been in principle been already proven. Reports concerning sound measuring are not the criteria.
6 Article 17 paragraph 6 of the regulation of separtion is also enforced.
Article 8 Pollution
1. The owner is obliged to ensure order and tidiness in and around the building. They are obliges to prevent pollution or spills in common spaces to occur. If this nevertheless happens, then the governing board can delegate the cleaning activities to a third party. These linked costs are at the negligent owner’s charge.
2. In exceptional cases the governing board can decide to start a legal procedure, such as described in Article 24 of this regulation.
Article 9 Collective units/systems
1. It has been prohibited to adjust, turn on/off collective units or systems without authorisation. Mechanical or electrical failures/outage must be passed on to the governing board. The costs for remedying actions without authorisation are at the charge of the originator.
2. The owner is responsible for regular maintenance to the mechanical ventilation of the apartment, such as cleaning the vents and propeller blades in the unit. The minimal recommendation is at least once per year.
3. It has not been permitted to connect a receiving hood with engine on the mechanical ventilation.
Article 10 Roofs
It has not been permitted to access the building roof areas. These are only accessible with authorisation of the governing board and exclusively for inspection and maintenance. This concerning came to existence in relation to possible roof covering damage and with “ARBO” regulation concerning safe work on roofs.
Article 11 Damage to common matter
All damage and costs, resulting from not obeying the regulation of separation and/or the domestic regulation, are at the expense of the violating owner, whereas after the first official notification for convalescence the governing board is authorised to initiate repair works resulting from the damage at the expense of the violating owner.
Article 12 Damage report
If defect, flaws or damage to the building is observed, communication to the governing board is compulsory. If you perform repairs without notifying the governing board in advance, the costs can come at your own expense.
Article 13 Name tags
Installing uniform name tags on bell board is being executed by the governing board. The first name tag is installed free of charge. Interim replacements or modifications come at the expense of the applicant.
Article 14 Dangerous goods
It has been prohibited to store flammable, explosive, toxic and/or legally prohibited substances in the apartments, mount spaces, general spaces or car park. Except for normal quantities for domestic use.
Article 15 External changes
The owner has been prohibited to introduce external changes outside. A satellite dish or A/C unit can be exclusively installed outside visibility on the inside of the balcony and after approval of the governing board.
- It has not been permitted on the outside balcony, porch or roof terrace, mount space or other general area’s.
- For installation of outside brise-soleil, role shutters, flag stick holders, satellite dish, A/C units etc. the owners must follow the instructions of the governing board.
- Introduction of visible publicity on the outside side of the building in the form of signs, attachment screens, posters etc. has not been permitted. Only exception is one sales poster for the apartment in modest format.
Article 16 Brise-soleil
Introducing outside brise-soleil has been permitted, subject to satisfying to the following specifications:
- Frame type from supplier “Mado”, type “Tournesol”, RAL colour 7021.
- Required colour of screen is “ochre”, colour number 34939 of brand “Swela”.
At the governing board information on supplier can be requested.
Article 17 Laundries etc.
Requested is to place the drying rack with the laundries as much as possible from outside visibility. Under no circumstances hang the rack onto the (glass) balcony fence. Also assembling line(s) for laundry drying to the balcony fence has not been permitted.
Article 18 Container space
In the container space area at ground level garbage containers have been placed. These can only exclusively used for the matter for which they are meant. It has been prohibited to deposit matter beside the containers. Nevertheless consider Article 8 of this regulation as clogging takes place.
Article 19 Water and electricity
Water and electricity in the general spaces can be used only in very restrictive degree for private purposes. For example; vacuuming the inner hallways or sawing/drilling/sanding/etc. in the mount/storage spaces at ground level.
Article 20 Washing machines and dish washers
Washing machine and dish washer connections must be equipped with a mechanical water lock, so that in case of failure or damage the water nuisance remains limited.
Article 21 Security
- The escape route from the inner hallways via the escape doors to the lower level roofs terraces has been exclusively reserved for this aim.
- The central entry door can exclusively be opened for well-known visitors.
- The owner must not let in anyone unknown through the central entry.
- Pedlars, representatives, door-to-door salesmen etc. do not have to obtain access to the building.
- The owner’s of a parking place in the garage must take care that at passing the folding garage doors with a vehicle, no unauthorized person enter the car park.
Article 22 During absence
In the absence of longer than three months the governing board is informed of a contact address and/or phone number. This concerning calamities.
Article 23 Debtor collection
If the apartment owner, owner of a parking place or owner of the company space is negligent with payment of the service costs, the collection is delegated to a bailiff. The appointed administrative office is, in most cases, appropriate authorised to establishing acts of law, as well as initiate legal claiming. All judicial and extrajudicial costs originated from these acts of law and legal claiming are charged by obligation to the negligent person and/or assignee.
Article 24 Disputes
If with respect to the provisions in this domestic regulation by the governing board, a decision has been taken and this has been orally notified to an owner, this owner can desire that this decision is confirmed in writing within five days. Within a month after the date of the written affirmative appeal can be submitted to the Meeting by means of a registered letter to the governing board. The appeal is processed on the first upcoming Meeting. The decision taken during the Meeting is binding for the governing board and the particular owner. This domestic regulation becomes effective on March 12th 2009, after this has been adopted by the meeting.
Thus determined at the general member meeting of the
association of owners “Statendam” of the Eric Kropstraat 2 – 200 in Rotterdam.