Rules and regulations

It gives us a pleasure to provide you with a copy of the Rules and Regulations of the Home-owners’ Association (apartments) ‘Hof ter Hage’, adopted at the General Meeting of Members in April 2009.

If you have any questions, please contact de caretaker:
VvE Beheer, Ampèrelaan 4, Postbus 1192, 2280 CD te Rijswijk.
Tel.: 070 – 399 31 42, fax: 070 – 398 87 60 of per e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

We hope and expect that it may contribute to a continued good living together in our beautiful building.

Please note this disclaimer: the English translation is not official and is only presented as a service. No rights can be derived from the English version. In case of a dispute the Dutch version will rank above the English version.

The Board

HOME-OWNERS' ASSOCIATION (APARTMENTS) 'HOF TER HAGE'


A short introduction to the Dutch terms:

HOME-OWNERS: Individual who owns an apartment, and is legally bound to join the VvE. The owner is entitled to use the apartment, storage and parking space, and the communal areas, i.e. the entrances, lifts, and garden.

In addition, each home-owner is bound to certain duties and regulations regarding the whole building, all the apartments, all the communal areas and infrastructure combined.

A home-owner enjoys the private ownership of the apartment, including the storage and parking space. A home-owner has co-ownership of the rest of the building.

HOME-OWNERS' ASSOCIATION / VvE: Association of all the owners of the apartments. Including those that do not actually live there, but not including the tenants. In Dutch: 'Vereniging van Eigenaren', abbreviated tot 'VvE'. The duties, rights and regulations of such a VvE is proscribed by Dutch law.

PROPERTY DIVISION DEED: a legal document that describes the division of ownership and use of property. In our case, the building is divided into a main property division and a subsidiary division. The main division of property is between the home-owners and the shop-owners in this building.

This document pertains to the subsidiary property division of home-owners, referred to as “Housing & Car Park”.

In Dutch: “Akte van splitsing”, a subsidiary property division deed is “Akte van ondersplitsing”.

GENERAL MEETING OF MEMBERS / ALV: formal meeting of the members of the home-owners' association. The members decide by voting on the proposals from the Board. In Dutch: “Algemene Leden Vergadering”, abbreviated to ALV.

CARETAKERS: third party contracted by the ALV to perform certain tasks and duties in aid of the Board of the VvE. In our case (in 2009) we do business with a company called “VvE Beheer” in Rijswijk, to which we pay our monthly contribution and that is the contact for most issues. In Dutch “administratief beheerder”.

Please note this disclaimer: this translation is not official and is only presented as a service. No rights can be derived from this document.


General

Article 1

These Rules and Regulations are in accordance with article 44 of the Subsidiary Property Division Deed 'Housing & Car Park'. These contain specific Rules and Regulations for owners of the apartments in the “Hof ter Hage” building, from which these Rules and Regulations for users / tenants are derived.

Article 2

All cases that are neither specifically mentioned in these Rules and Regulations, nor in the Subsidiary Property Division Deed, are decided by the General Meeting of Members (ALV).
Article 3 (Balconies)

Where there is mention of 'balconies', 'terraces' or 'terrace gardens' are also implied, unless specifically mentioned otherwise.

Article 4 (Caretaker) Read the short introduction.

Association / Board / Meeting

Article 5 (Association – articles 30 and following of the Subsidiary Property Division Deed)

1. The Association's mission is to advocate the common interests of the home-owners.
2. The Association manages and takes care of the maintenance of the common property and rights of the Housing & Car Park property division, NOT of the shops.

Article 6 (Board – articles 41 and following of the Subsidiary Property Division Deed)

1. The Board consists of three members, i.e. a Chair, a Secretary / Treasurer and a Board member. The Board governs on behalf of the Association.
2. The ALV appoints the members of the Board for a period of 3 years. The members can thereafter be re-elected for a maximum of two times.
3. The Chair of the Board is also the Chair of the ALV.

Article 7 (Meeting – articles 33 and following of the Subsidiary Property Division Deed)

1. The voting is by show of hands; if the Board can't decide whether the vote is approved by show of hands, the ALV continues by voting by a weighted ballot on paper. The weighted ballot on paper can be used to decide on individuals.
2. The minutes of each ALV are written up in a report, which is sent within a month to all members. This report is submitted for approval to the next ALV.
3. Each member can be represented at the ALV by an authorised person. This authorised person can represent at most two voters. The written authorisation must be handed over to the Secretary of the Board when signing the attendance register. The Board announces at the beginning of the ALV the number of authorisations they have received, and how many of those voters have authorised the Board to represent them. Members can get the authorisation forms from the Secretary.
4. The Board informs the members well in advance of the date of the ALV. Members can present items for the agenda to the Secretary / Treasurer, no later than 21 days before the planned date of the ALV. The Board is obliged to add an item to the agenda, if that is the wish of members whose combined number of votes is 10% or more of the combined number of votes.
5. A Financial Committee audits the financial management.
6. The Financial Committee has 2 members, and preferably an extra member in stand-by, none of them members of the Board. The members of the Financial Committee are appointed for a period of 3 years. These members can thereafter be re-elected for a maximum of two times.

Finance

Article 8

The contribution follows from the budget approval by the ALV, and must be paid monthly in advance by (automatic) transfer into the bank account of the VvE;

In case of late payment, the concerning member(s) will be subjected to the full extent of the collection procedure approved by the ALV. All fees that result from the collection procedure will be charged to the concerning member(s).

Regulations concerning the use of private property

Article 9

Members have to allow the placement of scaffolding for cleaning, maintenance, or repair of the façade and windows and such. Members have to also facilitate the cleaning, maintenance, or repair of communal goods in their private property.

Article 10 (communal equipment)

1. Only approved cabling and accessories can be used to connect to the communal cable TV. The use of a satellite dish is not allowed.
2. Only the standard fitted ventilation and drainage systems are allowed.

Article 11

1. Fireplaces with open fire are not allowed in the apartments
2. The toilet, or any drainage systems, cannot be used for discarding of substances or materials that could cause blockage, clogging or pollution. The repair of clogging and / or other damages due to not complying with the regulation in the last sentence will be charged to the member(s) responsible.
3. Home-owners have to take proper measures to prevent all damages due to water leakage. Washing machines and dish washers have to be fitted with properly working water seals, or proper anti-leak non-return valves.

Article 12

It is NOT allowed to:

1. Use, repair, or store engines, tools, equipment and such goods in the apartments, storage spaces, and parking spaces insofar as this could cause annoyance by, for example, noise, vibration, or smell;
2. Store, use or otherwise be in possession of substances like petrol, fuel, oil, munition, or fireworks in the apartments, storage spaces, or parking spaces.

Article 13

Unless formally allowed by the ALV, it is NOT allowed to:

1. Change the structure of the building in such way as to alter the architectural design, or the mechanical structure, or the mechanical solidity and soundness of the building;
2. Fit fences and the like that could block the light or view of the apartments;
3. Put up a shed, closet or other furniture on the balconies that reach above the fencing and / or the railing.
4. Install sunscreens and / or windscreens that do not conform to the required technical specifications, or to install such screens in a different colour than the 9 uniform colours designated by the architect:
   Type of sunscreen: "Carre 95" van Eurolux
   Allowed colors of the brand  "Swela"
   34224 Orange
   34225 Blue
   34226 Red
   34227 Green (dark)
   34228 Yellow
   34256 Claretred
   34237 Lightgreen
   34239 Lightbrown
   34241 Beige
   Each fitted screen, is permitted on the condition that all costs, risks and maintenance are for account of the home-owner and that all third party claims are indemnified.
5. Keep animals in the apartment that may cause annoyance to other residents.

Article 14 (Various rules)

1. Hard flooring rule
   When fitting hard flooring, home-owners have to install NSG approved soundproof sub flooring (see the NSG list on www.nsg.nl) with minimum thickness of 8mm, which, in combination with the hard flooring, has a sound insulation index of Ico 10dB or greater. There will be no exception for the scullery, laundry room or other utility room, with regard to the soundproofing of flooring.
2. The nameplate rule
   It is allowed to fit nameplates onto the apartment with a name, and of a design chosen by the home-owner. To prevent damage by drilling and subsequent repair, nameplates must be fitted with no more than 2 screws, and drill holes at most 25 cm apart.
3. Jacuzzi rule
   Jacuzzis or whirlpools are only allowed if they are installed into rooms that are completely surrounded by other rooms of the same apartment, and that are nowhere adjacent to property of other home-owners or other apartments.
4. Barbecue rule
   The use of barbecues on the outer balconies of “Hof ter Hage” is only allowed when it causes no annoyance to other residents.
5. “Opstalverzekering” home insurance rule
   Due to the fact that it is the VvE that is the insured party on our insurance policy, and that there is an excess (or deductible) in order to avoid higher premium, the excess (or deductible) to the sum of €1000 is for account of the VvE, while the Board may exceptionally wish to exercise their right to recourse. In case of doubt, the Board is mandated to take a provisional decision, which will be put to the ALV for a final verdict.
6. Flag rule
   The Board will, in accordance with the public flag set instruction, display the flag on behalf of the VvE.

Regulations concerning the use of communal areas and goods

Article 15

Each home-owner, individually and collectively, must keep the communal areas clean and tidy. When this obligation is not fulfilled, the Board can contract cleaning duties out to third parties. All costs resulting in this contract are for account of the non complying member(s).

Article 16

1. It is not allowed to feed birds and other animals, due to the risk of pollution of our building.
2. It is not allowed to throw garbage or such materials out of the balconies or windows.
3. It is also not allowed to clean carpets, rugs, brooms, vacuum cleaner bags or such outside of the balconies.
4. It is not allowed to switch on, or off, Communal equipment and tools without proper authorisation.
5. All incidents and needed repair of communal areas or goods must be reported to the caretaker.
6. All costs for the repair of incidents and damages due to unauthorised acts will be for the account of the individual(s) responsible.

Article 17

It is NOT allowed to:

1. Behave loudly, to remain in the common areas for unnecessary reasons or otherwise to cause annoyance.
2. Smoke in the interior such as the common stairwells, elevators, car park.
3. Hang laundry, bedding, clothing, flowerboxes, etc. outside the balconies or in common areas; drying racks on balconies may not exceed the fence and / or terrace partition.

Article 18

Without the consent of the Board, it is NOT allowed to:

1. Behave disorderly, make noise, loiter in communal areas or otherwise cause annoyance.
2. Smoke in enclosed communal areas, such as stairwells, lifts and the car park.
3. Step onto the roof, other than as an escape route in an emergency. The technical areas and the roofs of the building can only be accessed by authorised individuals, like maintenance staff, or others authorised by the Board and the caretaker. This regulation does NOT pertain to areas that are designated to be used as a balcony.
4. Place, by home-owners or others, of bikes, prams, baby carriages or buggies, shopping trolleys or carts, or any such objects, which will be removed by order of the Board. It IS allowed to place bikes in the bicycle rack in our access court on the ground floor.
5. Hang laundry, bed linen, clothing, flower pots or plant boxes and the like, outside of the balconies or in the communal areas; on balconies, clothes racks shouldn't reach higher than the fencing and / or railing.
6. Repair, or otherwise work on piping, wiring, lighting, ventilation systems or other fixtures and equipment in the communal areas.
7. Put onto the façade of the building, for oneself or others, (name)signs, text or lettering, advertising, (spot)lights, flags, banners, flower pots or other protruding objects, as specified in article 13.2 of the Subsidiary Property Division Deed.
8. Put up paintings, pictures or any such decorations on the walls and / or ceilings of the communal areas.

Article 19 (Pets)

1. When pets venture outside of the apartments, into the communal areas (building and garden), they have to be kept on a lead. In these areas, aggressive or dangerous animals should be muzzled.
2. It is not allowed to walk the animal in the garden or other communal areas. Any mess or damage in, or of, the building or garden has to be cleaned and / or repaired by the owner of the pet. Failing this, all costs for repair and / or cleaning are for account of the owner.

Article 20 (Water and electricity)

Water and electricity meant for common usage, can only be used for private purposes with the approval from the Board.

Other regulations

Article 21 (Safety)

1. Residents have to act responsibly concerning the maintenance and safety of goods and individuals in and around the apartment building.
2. In order to comply with this regulation:
   1. The front doors and / or gates can only be opened to expected or trusted visitors;
   2. The residents have to make sure that no unknown visitors enter the building, when the residents leave or enter;
   3. Any hazardous or unwanted situation, as well as damage, failure or disturbance in or of the communal areas / goods has to be reported to the Board or to the caretaker;
   4. On leaving and entering the building, check always if the front doors and gates are properly locked;
3. Home-owners remain fully responsible for the consequences of handing over to third parties, or the loss of, keys and / or key cards to the communal areas.

Article 22 (Household garbage)

Household garbage must be put in closed garbage bags into the garbage containers. It is not allowed to put garbage or garbage bags on balconies or in communal areas. Garbage or refuse larger than household waste can't be put in the garbage containers; the home-owners have to contact the municipal garbage collectors.

Article 23 (Noise)

Home-owners have to prevent noise pollution for other residents, especially between 22h and 8h, or 10pm and 8am. Please take note of this when playing music, renovating, drilling, or other such building or loud activities.

Article 24 (Absence)

Home-owners who will be away for longer than 3 months have to inform the caretaker of their absence. The home-owners have to let the caretaker know how to contact them while they are away, and how to contact (an) individual(s) that can access the apartment in case of true necessesity.

Article 25 (Use by third parties)

The home-owner, who lets his apartment be used by a third party for a period longer than one month, has to inform the caretaker of this situation. The home-owner will hand these Rules and Regulations to the third party in order to comply with them.

Article 26 (Insurance)

The collective building insurance (“opstalverzekering” home insurance) provides for the co-insurance of each apartment to the additional sum of €40.000. This means that any extra immovable property installed in addition to, or in place of, the standard facilities and equipment is automatically insured. This goes for instance for a kitchen and / or bathroom of a higher price, or hard flooring, or external sunscreens.

When a home-owner installs immovable property worth more than €40.000, he will have to report this to the caretaker, or make sure that the excess risk is insured by himself.

Article 27 (Closing regulations)

1. These Rules and Regulations include all previous decisions of the ALV.
2. These Rules and Regulations are adopted at the ALV of 20 April 2009.
3. In addition to these Rules and Regulations, articles 106 through 147 of the Dutch Civil Code (pertaining to apartments) are applicable, as are all the rules stated in the Property Division Deed and in the Subsidiary Property Division deed.

’s-Gravenhage, 20 April 2009