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Internal Regulations

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Introduction

The internal regulations are a practical supplement to and further elaboration of the relevant provisions in the Dutch Civil Code (book 5) and the deed of division of De Laatste Hendrik Owners’ Association.

The internal regulations are mainly intended to represent the common interests of the owners and users in a practical sense. Not only technically, administratively and financially, but also with regard to the quality of habitation and appearance of the complex, so that optimum living enjoyment can be guaranteed for everyone.

General

Article 1
1. The Association is responsible for the management and maintenance of the communal areas and common items. The meeting decides on the management of the common areas and common matters.
2. Owner is understood to mean the person entitled to an apartment right as referred to in Section 5:106(4) of the Dutch Civil Code.
3. User is understood to mean the person who uses an apartment right as referred to in Section 5:120 of the Dutch Civil Code.
4. All provisions in these internal regulations are subordinate to the articles referred to in Model Regulations for Division into Apartment Rights (in Dutch: ‘Modelreglement bij Splitsing in Appartementsrechten’) dated 2 January 1992, drawn up by the Koninklijke Notariële Broederschap and to the articles referred to in the deed to split the right of long lease into apartment rights for the apartment complex in question.
5. In addition to the rules laid down in the internal regulations and the model regulations for division into apartment rights, the rules as laid down by the national or municipal government in legislation, such as the building decree, municipal by-laws, etc. also apply.

Article 2
Where these regulations refer to ‘he’, ‘him’ or ‘his’, this can also be read as ‘she’ or ‘her’.

Article 3
With regard to the use of common areas and items, the following applies:
1. The owners’ meeting is authorised to set rules regarding the use and management of the parts that are not intended to be used as a separate whole, insofar as the Internal Regulations contain no provisions about this;
2. The board is authorised to enforce the rules of these regulations, as well as to grant exemptions in individual cases from the provisions of the following articles of the regulations;
3. In the event of violations of the rules of these regulations, the board is authorised to comply with articles 27 and/or 29 of the Model Regulations for Division into Apartment Rights. In case of persistent nuisance, the board is authorised to impose a fine of a maximum of two thousands five hundred euros per incident, to be booked in favour of the general reserve;
4. The exemption granted by the board requires the approval of the next owners’ meeting.

Article 4
1. Pursuant to article 11 of the Model Regulations, every apartment owner declares that he is prepared to comply with the rules contained in the Internal Regulations with regard to communal areas. If the owner is not prepared to do so, the subdistrict court may decide on the basis of Article 5:128 of the Dutch Civil Code that these rules will apply to the owner. In the event of a proposed sale of his apartment, a member of the association must inform the board of the association of the name and address of the intended buyers no later than 48 hours after the preliminary purchase contract has been signed. In the event of proposed sale, the member of the association is obliged to inform the potential buyers of the Internal Regulations before signing the preliminary purchase contract. He must point out to potential buyers that, when purchasing, they must sign a statement that they will comply with the Internal Regulations. And as determined by Article 44.3 of the Model Regulations, the buyer is obliged to sign such a statement.
2. Insofar as these regulations provide for rules regarding the use of those parts of the building that are not intended to be used as a separate whole, these apply to both the owner and the user.
3. Without prejudice to the provisions of Article 17(3) of the deed of division referred to above, any apartment owner may ask a user to declare whether he is prepared to comply with the rule referred to in paragraph 1. If the user is not prepared to do so or if he declares that he is not prepared to do so, the subdistrict court may, at the request of any apartment owner, decide that the rule will apply to the user in accordance with the provisions of Article 5:120(3) of the Dutch Civil Code.

Article 5
1. If defects are found in the building, they must be reported to the chairman or technical manager as soon as possible.
2. Work on and/or changes to the installations for the public benefit may only be carried out on the instructions of the board and/or the (technical) manager.

The board

Article 6
1. There will be a board of a minimum of 5, a maximum of 7 members, who are appointed for an indefinite period and can be dismissed at any time. The number of board members will always be an odd number.
2. The board positions are divided among themselves by the board. If the chairman or the treasurer resigns in the interim, the board will select substitutes from among its members. Successors will be appointed during the next meeting.
3. The board is entitled to make all expenses which are stated in the budget approved by the general members’ meeting or which are based on another type of decision of the general members’ meeting.
4. In accordance with Article 41.5 of the Model Regulations, the board is entitled to spend €2,500 per non-budgeted event without the authorisation of the meeting, all this in the event of emergencies. If, due to the seriousness and urgency of the situation, it is not possible to request prior authorisation to incur higher expenses, the board is obliged to report to the association of owners as soon as possible.
5. The owners’ meeting as referred to in Article 5:112(2)(d) of the Dutch Civil Code must be held in Amsterdam.

Audit Committee

Article 7
1. There will be an audit committee consisting of at least 2 members (from different households) who are each appointed for a period of 2 years.
2. The audit committee will meet at least once a year.
3. The audit committee will give its opinion on the receipts and management of the association’s finances.
4. The audit committee will annually report to the meeting on the management conducted in the past financial year and the balance sheet and operating account prepared by the treasurer or administrator for that year.
5. The audit committee is entitled to inspect all books and documents of the association that relate to the administration and management of the association.
6. The treasurer or administrator is obliged to provide the audit committee with all desired information and, if desired, to present the association’s cash and guarantee funds

Access and Order

Article 8
1. The building is only accessible to owners, tenants, their guests, maintenance personnel and suppliers. The doors should be closed when entering and leaving the building. For the safety of the residents of the complex, the entrance door to the hall may only be opened for private visitors. Make sure of this before opening the door with the intercom. Allowing third parties (unfamiliar people) to walk in through an entrance is also not permitted.
2. The entrances and exits of the building must be kept clear at all times and under all circumstances.
3. Every owner is obliged to ensure order and cleanliness in and around the building.
4. The owners/users are mutually obliged not to hinder each other and must allow the co-inhabitants, their families and visitors to make undisturbed use of the communal entrances to the homes.

Article 9
It is not permitted to:
1. in the common areas- other than in the areas designated for that purpose – place and/or keep (motor) bicycles, mopeds, other (disabled people’s) vehicles, construction material, shopping carts, scooters, toys and similar objects, as well as garbage bags, dustbins, waste paper and laundry. An exception can be made for well-maintained plants, as long there is room of at least 1 metre for an escape route;
2. use or repair drilling machines, vehicles, tools or other equipment in the communal areas, which may cause nuisance through noise, vibration, pollution or odour;
3. embellish or otherwise make changes in the communal areas, unless with permission from the owners’ meeting. In addition, the owners are not allowed to carry out repairs or other work on the pipes and ornaments of the common areas and/or gallery lighting;
4. block the lifts or their proper functioning; the use of other purposes than passenger transport is not permitted, with the exception of household items and small materials; the maximum weight indicated in the lift must not be exceeded;
5. allow children to play in the common areas, parking garage and elevators, such as playing football, roller skating, kicking a ball against the garage door, etc.; parents must supervise – as far as their legal responsibility is concerned – compliance by their children with the provisions of this and preceding paragraph(s);
6. leave advertising material, newspapers and the like in the common areas – these must be taken by the owner/user to their private area;
7. place advertising signs and the like in the common areas; nor may the owner/user affix advertising signs and the like to or against the outer walls enclosing the private areas, of which his apartment right gives the right to exclusive use; exceptions are For Sale indications applied in private areas for the period that the private area in question is offered for sale, so-called Yes/No stickers on letterboxes, as well as advertising for non-commercial purposes. For the commercial space on the ground floor, see the provisions in Article 13 of the deed of division;
8. obtain energy or water from the communal energy supplies for non-communal use;
9. hang laundry, laundry racks, flashing lights of alarm systems and flower pots and to shake and prod carpets on the outside of the façade;
10. grant access to the building to strangers;
11. dispose of articles such as (baking) oil, building materials, aquarium sand, cat litter, sanitary bandages, baby diapers, mops and the like through the toilet, sink or other drains;
12. dispose of items, of whatever nature and size, from galleries, balconies, roof terraces, windows and/or gardens.
13. place full garbage bags in the common areas or leave them in the gardens or on the balconies for more than week;
14. dispose of waste or other household waste in the gutters and other drainage facilities in the building;
15. smoke in the common areas, such as: lifts, stairwells, cellars, halls, landings, galleries and/or the parking garage;
16. stay or park in the parking garage unless you are the owner or tenant/user of one of the numbered parking spaces, are a board member or perform work on behalf of the board. As the owner/tenant of one of the numbered parking spaces, you may only park in your own parking space.

Article 10
1. In order to limit annoying contact noise, such as walking and sliding furniture, hard floor coverings, such as felt, cork, tiles, linoleum, etc. are prohibited, unless it is demonstrated that the impact sound insulation of the bare floor including the floor covering reaches a value of Ico = +12 dB or more. This means that hard floor coverings as mentioned are only permitted if they are installed in an expert manner with a ‘floating floor’, so that this floor covering does not come into direct contact with the subfloor or the walls and cannot cause any hindrance to the other owners and users. This does not apply to wet areas. Homes on the ground floor are exempt from this.
2. Without prejudice to the provisions of Article 13(1) of the deed of division referred to above, renovations by the owner/user of their private areas are only permitted with written permission from the administrative manager and the full board of the Owners’ Association. They are entitled to obtain technical advice in advance and at the expense of the applicant. The provisions referred to in this article only concern work on floors and the break out of external walls, walls separating the house, load-bearing walls and frames.
3. The Owners’ Association or each owner individually is prohibited from having an antenna outside the home (for example, whip antennas, T-antennas, satellite dishes and others) that does not belong to the central antenna system for radio and television reception, to which all homes are or will be connected.
4. In order to prevent the occurrence of malfunctions in the central antenna system or cable system, the owners/users may only use the cables and connections approved for this purpose.
5. It is not permitted to connect extractor hoods or range hoods with motors, as well as (kitchen) fans and dryers to the mechanical ventilation and the connected ducts.
6. Having or keeping pigeons, chickens and poultry by the residents in or near the building is not permitted. It is also prohibited to feed animals from the galleries, balconies, roof terraces, windows and/or gardens.
7. Owners of pets must ensure that they do not cause nuisance or damage to fellow residents in any way and that pets are kept on a leash in the common areas.
8. It is prohibited to leave open or block access to the common areas for an unnecessarily long period of time.

Article 11
1. Every owner or user is obliged to ensure peace and quiet in the building. To promote this, it is not permitted to carry out work between 9 PM and 8 AM that may cause nuisance due to noise or vibration, such as drilling, hammering, sawing etc. On Sunday mornings, it is not permitted to carry out such work before 10 AM.
2. The owner/user has the duty to ensure peace and quiet in the building and furthermore not to cause any nuisance from sound equipment and/or musical instruments at all times. In special cases, it is possible to deviate from the above rules with the permission of the chairman of the association.
3. Every owner or user is also obliged to ensure order and cleanliness in and around the building.
4. The residents are obliged to maintain the temperature in the apartment at a minimum of 5 degrees Celsius.
5. The owners must jointly contribute as much as possible to ensure that the burglary safety of the building is guaranteed.
6. The nameplates on the mailboxes and bubble boards should be uniform in design and colour. The nameplates must be made of silver-grey aluminium and be provided with a black letter. The size of a nameplate should be 90mm x 25mm.
7. The owner is required to cooperate in carrying out work for the purpose of cleaning and maintenance of the property.
8. In the event of absence for more than a month, it is recommended that an owner informs the chairman or one of the members of the board of the temporary address and also indicates who is designated to have access to the apartment, if necessary (e.g. in case of freezing, fire or leakage). This gives the chairman some insight into which homes are not in use at the time. This may be important if someone is worried about not seeing residents of the apartment in question for a long time. In addition, it may be important when planning certain work activities, such as painting that requires the windows to be opened, etc.

Article 12
The board will mediate in the event of alleged nuisance. In all other cases of nuisance for which no specific rules have been included in the Internal Regulations, the board will act if necessary.

Use of Common Areas

Article 13
1. Every owner and user is liable to the other owners and users for damage caused to the common areas and/or communal property insofar as this damage is caused by themselves, their roommates or visitors or third parties that are at the service of the owner and/or user.
2. The owners must refrain from any activities that may cause the common areas to become dirty. If this is the case, the person in question will be responsible for cleaning or have the cleaning be performed at their own expense. If this is not done within 24 hours, the chairman may issue third parties to do so, whereby all costs will be recovered from the person in question.
3. Placing sun screens and/or wind screens is permitted after approval of the meeting. Permission may be subject to regulations regarding construction, colour, design, installation and maintenance.
4. Entering the roof area is exclusively reserved for board members, members of the technical committee and maintenance companies engaged for this purpose.
5. It is not allowed to hold public auctions in the building or on the surrounding areas.

Article 14
In accordance with Article 13 in the Model Regulations: any superstructure, extension or substructure without the permission of the meeting is prohibited. It is also not permitted to grow plants/vegetation against the façade, unless the plants are guided along a facility intended for this purpose.

Use of Private Areas

Article 15
1. Due to pollution by birds and the attraction of rats and other vermin, feeding animals and throwing away food leftovers on and from balconies, terraces and from windows is not allowed.
2. The owner is obliged to allow the installation of scaffolding for the purpose of, for example, cleaning and maintenance of the facades and windows.
3. The users are not allowed to make any changes to the communal facilities present in the private areas without the permission of the meeting, nor to independently commission repairs, unless emergencies require this. In this case, the chairman must be notified immediately.
4. The repair of malfunctions to communal facilities, caused by work in the private areas, are at the expense of the user of the apartment in question.
5. Users are obliged to allow maintenance personnel to enter the private area for repairs to the communal facilities.
6. It is prohibited to use the private areas for the storage of hazardous substances (for example, butane gas bottles) or to engage in activities in them that may cause nuisance or danger to other owners and/or users.
7. Due to the risk of falling water and flooding when watering, it is not permitted to install flower pots on the outside of the balconies, windows or roof terraces.

Service Charges

Article 16
1. The maximum amount for which the board can order maintenance work without the authorisation of the meeting as referred to in Article 38(2) of the deed of division is two thousand euros per year.
2. The maximum amount for expenditure that does not require a qualified majority vote in the meeting, as referred to in Article 38(5) of the deed of division, is four thousand five hundred euros per incident.
3. The board only requires the authorisation of the meeting referred to in article 41(4) of the aforementioned deed of division if the interest exceeds the sum of two thousand euros.
4. The maximum amount up to which the board does not require authorisation from the chairman of the meeting as referred to in Article 41(5) of the aforementioned deed of division to enter into commitments is three thousand euros. This amount must fit within the budget.
5. The owners are obliged to pay one twelfth of the intended share to the association before or on the first of each month. The first payment will be made over the month following the month on which the apartment is delivered. In the event of default, the costs of collecting the service costs will be recovered from the resident(s) of the relevant home.
6. Any other contributions must be paid within the term set by the meeting. In the event of default, a reminder letter will be sent. If the obligation is still not met, a collection agency will be engaged. The costs of collecting the other contributions will be recovered from the resident(s) of the relevant home.
7. If a former owner has left the association leaving behind a debt to the association, this debt will be charged to the new owner.

Miscellaneous

Article 17
It is not permitted to practice a profession in the apartment that causes nuisance to local residents.

Article 18
In accordance with Article 36 of the Model Regulations: “Each of the owners is authorised, either in person or through a written proxy, whether or not a member of the association, to attend the meeting, to address it and to exercise their voting right…” [translated from the original Dutch text]. Authorisations must be submitted in writing to the secretary of the association before the meeting. Each person entitled to vote may cast a vote for a maximum of two other members. Members of the board are not entitled to vote on behalf of one of the other members.

Article 19
1. Supplements or amendments to these regulations can be made by the owners’ meeting with a majority of at least two thirds of the votes cast, in a meeting at which a number of owners are present or represented who can cast at least two thirds of the total number of votes.
2. In the event of alienation of an apartment right, the acquirer, who wishes to use the private area himself, is obliged to sign a declaration that he will comply with the provisions of the Internal Regulations.

Article 20
The following guidelines apply in connection with the installation of awning:
a. Type of awning
Type for roof terraces: folding awning
Type for lower apartments: screens
b. Colours
Screens: formwork Ral 9001 (cream white colour of the frames)
Screens Ral 9001
Pop-out screens: free choice of colour
c. It is mandatory to install an anemometer so that the awning folds in automatically when wind speeds are too high.
d. The owner is liable for the maintenance of the awning and all damage resulting from the attachment thereof, including any consequential damage.
e. There is a repair obligation, the maximum term for repair is one month.
f. In the case of maintenance on the outside of the building, the existing awning may not form an obstacle (in terms of quality and/or costs for the Owners’ Association) for the execution of this work. Any additional costs resulting from the presence of awning (such as necessary disassembly) are for the account of the relevant owner of the awning.
g. When the apartment is sold, these obligations must be transferred to the new owner. If the latter does not agree, the selling owner must remove the blinds and repair any damage to the façade. The owner remains liable until the new owner has signed the Internal Regulations.
h. The changes must be made in a proper manner and without causing damage to the building by an expert company. The risk of damage to or damage as a result of the changes is entirely at the expense and risk of the relevant owner. The board will ensure that the changes are implemented in accordance with these requirements.

Final Provision

Article 21
In all cases not provided for in these regulations or the deed of division, the owners’ meeting will decide.

Revision at ALV’s decision:
24 May 2005
10 June 2008: art 11.6
14 April 2010: art 9, art 20