OWNERS ASSOCIATION ZEEKANT / GEVERS DEYNOOTWEG
These Rules and Regulations are the regulations as referred to in art. 44 of the “Model regulations for division into apartment rights”, included in the deed of division of the complex Zeekant 103 / 104R and Gevers Deynootweg 1262A / 1278E hereinafter referred to as “division regulations”.
Unless otherwise specified, each article applies to both the association and its owners. Owners and/or users are obliged to do what is reasonably within their power to ensure that the rules for occupancy and use set out in these regulations are observed by others who enter their private areas with their permission. You can search the HHR by using the key combination CTRL-F.
Art. 1 General Provisions.
1. Where in these regulations reference is made to owner, this means: the person entitled to an apartment right belonging to the apartment rights, known in the cadastral municipality of The Hague, section V, number 7214 A, including he/she who has a limited right of enjoyment in an apartment right.
2. With the exception of the terms “owners” and “users”, all terms as described in Article 1 of the division rules apply.
3. These regulations apply to owners and/or users. “USER”: the person who, other than as the owner or as having a business right of enjoyment to an apartment right, has the right of exclusive use of a private part and joint use of common parts and/or common property.
4. Visitor is the person who stays in the building and others, not being a director, owner or user.
5. In all cases where neither the demerger regulations nor the The Rules of Procedure provide that the director/administrator and/or the Supervisory Committee will take provisional measures pending a decision by the general meeting of members.
art. 2 Annual Meetings.
1. Annually, at least 14 days before the general meeting of members, the director/administrator provides all owners with:
a. the profit and loss account for the previous financial year, as well as the balance of the reserves;
b. the draft budget for the current financial year with an explanation of the main proposed expenditure.
c. an explanation of other points to be discussed.
2. The minutes of the general members’ meeting are, in principle, sent to all owners within 6 weeks after the date on which the meeting took place.
art. 3 The Board of the Association.
1. The board of the association is formed by a director/administrator, assisted by a Committee of Supervisor, consisting of the chairman of the meeting and the vice-chairman and contrary to the provisions of Article 33.5 of the Demerger Regulations, a maximum of 3 other members, which all are elected and appointed by the general meeting of members ring. These board members must be members of the Association of Owners. In the event of the absence or inability to act of the chairman and the vice-chairman, the general meeting of members shall appoint a chairman from among the members of the Supervisory Committee present.
2. The members of the Supervisory Committee are appointed for a period of four years. After a term of office, it is possible to stand for re-election for a new term. Re-election is not possible after two consecutive terms of office. For the first term of office, commencing on 10 May 1995, the Supervisory Committee will submit a rotation schedule for approval to the general meeting of members.
3. Without prejudice to his duties and powers under the law, the Demerger Regulations and the Deed of Demerger, the director/administrator is obliged to hold regular consultations with the members of the Supervisory Committee of the association, preferably once a quarter.
4. Members of the Supervisory Committee are entitled to charge the association for reasonable and necessary expenses incurred by them in their capacity as board member.
5. In addition to the appointment of a director/administrator by the association, the association concludes a written agreement with the director/administrator regarding mutual rights and obligations. this agreement can never be in conflict with the provisions of the Unbundling Regulations and the House Rules.
art. 4 The audit committee.
1. The audit committee consists of two (2) members of the association of owners and a reserve member, which members will be elected and installed every two years by the general meeting of members.
2. The members of the audit committee are eligible for re-election.
3. Members of the board cannot be members of the audit committee.
4. The presentation of the annual accounts to the audit committee takes place within a period of 6 weeks after the end of the financial year.
5. The audit committee has the task of managing the cash and annual accounts of the association and report on this to the meeting. After approval of the documents by the meeting the driver will be discharged.
art. 5. Special Provisions.
1. The meeting of owners may appoint a special committee from among its members consisting of at least three (3) persons. Tasks can be assigned to this committee, determined in the meeting of owners, which may not conflict with the division regulations and the House Rules.
2. A special committee reports through the chairman of the meeting at the general meeting of members, unless by the meeting may have decided otherwise.
3. Members of a special committee are entitled to charge the association for the reasonable and necessary expenses incurred by them in function of special committee member.
4. A special committee is dissolved when the task assigned to that committee has been completed, but always within a period of 3 years.
art. 6. Building maintenance.
1. Only the director/administrator and/or persons designated by the general meeting of members may issue instructions related to the maintenance of the building.
2. Nameplates will be affixed to the doorbell panel and/or the letterboxes in a uniform manner by or on the instructions of the director/administrator. The costs for delivery and installation are for the account of the owner of the apartment in question.
art. 7 Installations.
1. The operation and maintenance of installations for the general benefit may only take place on the instructions of the board as referred to in art. 3, pt. 1. This does not include the control panel on the inside of the lift car, as well as the call buttons on the frames of the lift doors.
2. Prior written permission from the driver/administrator must be obtained for the use of electrical equipment in the storage areas. The additional costs for energy consumption will be charged to the user by the driver/administrator. Based on reasonable suspicion, to be established by the director/administrator and two members of the Supervisory Committee, a fine of a maximum of € 230.00 can be imposed for each violation. This amount is credited to the general reserve of the association.
3. It is not permitted for owners or occupants to make changes to the standard 24-volt electrical facilities in the storage rooms and/or to the 220-volt wall sockets in the corridors of the storage rooms and in other general areas.
4. The owners are not permitted to make changes to or to carry out work (or have work carried out) on the parts of the central antenna system located within the private area, other than by the competent authorities.
5. Individual adaptation per apartment and room of the mechanical nic exhaust system is prohibited. Connecting mechanical extraction, vapor or circulation hoods and/or other equipment the central mechanical exhaust system is strictly prohibited. In the event of a violation, the owner of the relevant owner of the apartment will be held liable for the resulting damage to the association.
art. 8 Visitors.
1. The terms of the Demerger Regulations and Internal Regulations resulting code of conduct for owners and/or users, apply equally to visitors.
2. The person invited by the driver, sole owner or user visitor is obliged to follow his instructions. The invitation diger is at all times responsible for the conduct of his or her visit.
3. From a safety point of view, residents should not allow strangers access to the building.
art. 9 Traffic rules.
1. Dutch traffic legislation applies equally to all inner areas, on the understanding that all inner areas are residential areas.
2. It is prohibited to park on the access roads, as well as in the parking basement and on the parking decks outside the marked parking spaces.
3. Placing parking obstacles such as posts, chains, etc. in the parking lot is not allowed. Any damage and/or consequential damage resulting from installed parking obstacles will be recovered from the relevant owners.
4. Traffic leaving the building has priority over traffic entering the building.
art. 10 Rules for habitation and use.
1. Without prejudice to the provisions of the Demerger Regulations, it is the owners or users not allowed:
a. to place bicycles and/or other objects in the hall, in the stairwells, in corridors and/or on the galleries of the building;
b. papers found in the letterbox such as advertising brochures and to leave newspapers, which are not appreciated, in the hall where the letterbox is located or elsewhere in the municipality. common areas;
c. enter the roofs of the building and/or the lift rooms;
d. parts of the constructions of balcony and gallery fences assemble;
e. to smoke in the elevators.
2. The owners or users must refrain from soiling the common areas or the (parking) areas within the complex. If such a space or the (parking) area is soiled, the polluter in question must clean it or have it cleaned at his own expense. If the polluter concerned does not comply with this within 24 hours, the director/administrator can instruct third parties to do so, however at the expense of the polluter.
3. The owners or users may only place or keep household waste in the communal areas if this is done in the waste containers present for this purpose on the parking decks.
4. It is not allowed to dispose of household waste, other than in closed plastic bags, to be deposited in the designated waste containers down. The so-called GFT waste must be dumped loose in the appropriate bins. Bulky waste is not allowed or deposit it next to the waste containers. It serves owners and users themselves to be offered to the Municipality Pine tree. For this, see the relevant regulations adopted by the municipality of The Hague. set guidelines.
5. Owners may decorate the walls of the common areas on the floor on which their private area is located with paintings or other decorations, if and insofar as permission has been obtained from all other owners of private areas on that floor. No one can be required to contribute to the cost of these decorations and they must be removed if this permission is revoked by a majority of the owners. Damage to the communal area or damage resulting from the installation, maintenance or removal of decorations will be repaired at the expense of the installer or those who have decided to apply the relevant decorations. Incidentally, the Association can never be held liable for damage to the decorations installed in the common areas and theft thereof.
6. The owners must use and keep the terraces and balconies clean in such a way that neither waste nor other materials or water, other than rainwater, ends up on other terraces or balconies. Laundry may only be dried and clothing, floor and tablecloths may only be beaten or aired on the inside of the balconies and galleries in such a way that dust and dirt remain within the balcony/gallery partition and do not fall on lower balconies or at residents blows in and only in such a way that the appearance of the building is damaged as little as possible.
7. The nail or screw-tight mounting of constructions on the outside of the buildings is not permitted (compare art. 13 of the division regulations).
art. 11 Pets.
1. The owners and users are obliged to prevent their pets from causing damage or nuisance to others in the building. During their stay in the common areas, pets may not run loose, while supervision there must take place by persons who must be deemed to be able to fulfill this task properly.
2. If a common area is soiled by a pet, this must be cleaned up immediately by the attendant.
art. 12 Noise nuisance.
1. The owner or user is obliged to refrain from noisy in common areas.
2. Owners and users of an apartment in which music instruments are played and/or audio equipment is used, must take such measures that the environment not be hindered by this.
3. If an owner or user installs a parquet floor, a stone floor or another hard floor covering in his apartment, this must be provided with a sound-insulating underlay and it must be demonstrated in advance to the satisfaction of the director/administrator that the relevant floor ( and) complies/comply with applicable noise pollution standards.
4. It is prohibited to carry out work such as drilling, sawing, carpentry and the like at other times than from Monday to Saturday between 8:00 am and 8:00 pm and on Sunday between 12:00 pm and 6:00 pm.
art. 13 Security and fire protection.
1. It is not allowed to use the elevator in case of fire.
2. Anyone entering or leaving the building must ensure that the access doors are closed.
3. Access doors must be closed in such a way that no nuisance is caused to local residents.
4. Adjusting the door closers is only permitted by the driver/administrator or persons designated by him.
5. It is not allowed to place objects of any kind in the common areas. This applies in particular in the vicinity of fire-retardant doors and with regard to plants and the like on the stairs.
6. No flower boxes, drying racks, etc. may be placed outside the balcony and/or gallery fences. Installation on the inside of or on the balconies is also not permitted if a free passage through the emergency doors is obstructed.
7. It is prohibited to use the storage space to store flammable substances or to engage in activities therein that may cause nuisance or danger to other occupants.
8. The owner or user is obliged to take care of the necessary maintenance of the apartment concerned during a long absence, expressly including the timely emptying of the letterbox. For the winter period, measures to prevent frost damage must be taken with regard to the installations.
9. If the absence leads to inaccessibility of the apartment concerned, the owner or user referred to in Article 13.8 must also inform the director/administrator about the way in which access to the apartment can still be obtained in the event of a calamity.
art. 14 Other provisions.
1. It is prohibited to use the apartments to provide the opportunity to commit prostitution in any form whatsoever. If this commandment is violated, the owner and/or user may be denied access to the private areas by the meeting, with due observance of the provisions of art. 27 of the division regulations.
2. If an owner offers his apartment for sale, he must report this to the director/administrator within 14 days.
3. Removals of household effects must be reported to the director/administrator at least one week in advance. The client/contractor is liable for damage to common property resulting from the move and must take measures on the instructions of the director/administrator to prevent such damage. To cover any damage, the driver/administrator will charge a deposit of € 230.00 per move, which amount will be refunded to the client no later than 14 days after the move and after settlement of any damage.
4. Owners of a parking space are not permitted to rent it out and/or sell it to a third party who is not the owner of an apartment within the Zeekant/Gevers Deynootweg building. It is also not permitted to allow a parking space to be used by a third party for a period longer than 14 days without having complied with the provisions of Article 15 of these Regulations.
5. The owner or user is liable for damage and fines caused or imposed on persons living or staying with him.
6. The director/administrator is charged with, in addition to the Regulations of Division of tasks assigned, the supervision of the compliance with the House Rules.
7. The director/administrator is authorized to point out to a member of the association an act contrary to the provisions laid down by or pursuant to these Bylaws for himself or for one of the persons for whom he is liable towards the Association pursuant to the above provisions. and will warn him against repetition.
8. If, despite a warning within the meaning of Article 14, point. 7, the person to whom the warning was addressed or one of the persons for whom he is liable to the Association fails to comply, the director/administrator is authorized, having heard the person in question, or at least having been called upon to do so, to fine him a maximum of four hundred and sixty euros. (€ 460.00).
9. The director/administrator will decide to impose a fine, as referred to in Article 14, pts. 8, by registered letter containing the considerations on which the decision is based, to the person on whom the fine has been imposed. Appeal against this decision will be open for one (1) month after the date of dispatch of the aforementioned registered letter.
10. The appeal as referred to in Article 14.9 is lodged by submitting a reasoned notice of objection to the director/administrator, which – after receipt of the notice of objection – will be dealt with at the next members’ meeting. Copies of the fine imposed and the notice of objection will be sent to the members when the meeting is convened.
11. The General Meeting of Members will decide the decision of the director/ administrator to maintain or destroy. If the decision is upheld and if, in view of the time constraints, an extra members’ meeting is necessary to deal with an appeal, all at the discretion of the Supervisory Committee, the costs for this extra meeting will be charged to those who appealed. The amount of costs will never be lower than € 50.00.
12. In connection with deviations from the actual situation observed upon completion of the building (including 81 parking spaces instead of 85), the fractions as referred to in Article 2 of the division regulations read as follows (in the event of any deviations from the division: v. the deed of division, the following applies):
apartment or parking lot numbers (respectively apartment index numbers): number of fractions total
103,103B,1264A,1264B: 4×25 100
1272E,1274E,1276B,1278B: 17×23 391
103C,103D,103H,103P,103Q,103R,103S, 103T,103V,103W,103X,103Y,103Z,104A, 104B,104C,104D,104E,104F,104G,104H, 104J,104K,104L,104M,104N,104P,104Q, 1264F,1264G,1264H,1266A,1266B,1266F, 1266G,1266H,1268A,1268B,1268F,1268G, 1268H,1270A,1270B,1270F,1270G,1270H, 1272A,1272B,1272F,1272G,1272H,1274A, 1274B,1274F,1274G,1274H,1276C,1276D,
1276E,1278C,1278D,1278E: 62×21 1302 103E,103F,103J,103K,103L,103M,1264C, 1264D,1266C,1266D,1268C,1268D,1270C, 1270D,1272C,1272D,1274C,1274D,1276,
1276A,1278,1278A: 22×18 396
1262A: 1×16 16
Housing (B costs): 106 2205
Parking spaces (C costs): 81 x 2 162
104R(107) (catering/business space): 1 x 72 72
Total (A charges): 2439 =====
(299) (advertisement/roof apartment): 1 x 19
(300) (advertisement/roof apartment): 1 x 43
13. In cases not provided for in the House Rules, the Supervisory Committee decides. In the event that important decisions are taken by the Supervisory Committee, the General Meeting of Members will be informed afterwards.
art. 15 Giving use of an apartment to third parties.
1. Rental of the apartment to third parties can in principle only take place for a period of at least 6 months or longer. Operating it as a holiday apartment is not permitted.
2. If an owner wishes to rent out his apartment, he must inform the director/administrator in the manner indicated in Article 24 of the division regulations before letting it. The director/administrator then sends the lessor the statement to be signed by the lessee as indicated in Article 24 of the division regulations.
3. As soon as a tenant has been found, the lessor will inform the director/administrator by means of a letter about the moving date, enclosing a copy of the signed rental contract and the signed statement as referred to in Article 24 of the division regulations.
4. Simultaneously, the lessor makes an amount. € 460.00 to the association, which amount serves as a deposit. This amount will be refunded including interest (in accordance with promissory note discount minus 2%) as soon as the tenant has left the apartment in connection with termination of the contract. Any costs to be incurred by the director/administrator for repairing damage to the common areas, the cause of which can be traced back to the relocation, will be deducted. If the costs of repairing the damage exceed € 460.00, the additional costs will be charged to the lessor.
5. The lessor will inform the driver/administrator at the latest fourteen days before the move of a tenant about the moving date.
6. The lessor is charged an amount per month. € 11.35 (from 1 January 2006 € 12.00) payable to the Association as a so-called “rental fee”. This amount will be added to a “contingency reserve”. Where appropriate, the meeting of owners can allocate the balance of this reserve to the benefit of maintenance.
7. If it appears that an owner rents out his apartment without having complied with the applicable rules, it is he/she owes a fine of € 1,150.00. If it is demonstrated to the satisfaction of the director/administrator that this occurred due to force majeure, the fine may be reduced or waived.
8. If the lessor does not comply with the above obligations, even after a registered written request, and legal proceedings are necessary for those reasons to enforce rights, all procedural costs in this respect will be borne by the lessor. The costs incurred by the driver/administrator are also borne by the lessor.
9. For the use of third parties for a period longer than three weeks, the above applies accordingly.
Art. 16 Closure of the balcony, change of use or facade image
1. The meeting of owners decided in its meeting of 10/5/1995 that closing the balconies, changes in the destination of an apartment or any change in the architectural image of the building are only permitted after permission has been obtained from the Board. of the Mayor and Aldermen of the Municipality of The Hague or the body acting on their behalf and after permission from the members’ meeting of the Association.
2. Permission from the members’ meeting can only be obtained if implementation takes place in accordance with the “standard” set by the Board of Mayor and Aldermen and after submission of the documents showing that permission has been obtained from the Board of Mayor and Aldermen.
3. Maintenance, repair and/or necessary replacement on the outside of the change made will be carried out by the association but at the expense of the owner of the change in question. This maintenance includes cleaning windows and window frames at least six times a year.
4. If, as a result of the change by the Association, additional costs must be incurred for the performance of maintenance work on the common parts of the building, costs of (building, glass and/or w.a.) insurance, repairs and/or replacement, these costs will be borne by the owner of the change made.
5. The owner of the change must take out insurance against liability under the law and/or agreement, which must cover:
a. Damage to persons due to defects in the construction.
b. Damage to the building due to lack of construction. this must be evidenced by a written statement from the insurer to be submitted by the owner.
6. The director/administrator must be notified in good time of the date of execution of the planned activities. An official report will be drawn up before implementation in order to determine and record the defects present in the building in advance. After completion of the work carried out, an official report will be drawn up again to establish that no damage has been caused to the building as a result of the execution. However, if this is the case, the costs of repair will be borne by the applicant.
7. The additional costs to be incurred by the director/administrator in connection with the handling of the application for consultation, organisation, preparation of official reports, meeting and office costs shall be fully borne by the applicant.
8. The original construction parts remain the property of the Association and must be transferred undamaged to the director/administrator. Storage costs are the responsibility of the applicant.
Art. 17 Collection costs. 1. If an owner does not meet his payment obligations, even after being informed of this by registered letter by the director/administrator, the claim will be handed over to a bailiff. The claim will be increased by a penalty interest equal to the statutory interest calculated from 15 days after the due date of the amount to be claimed. The costs of the bailiff, as well as any further costs related to legal measures to be taken, are entirely for the account of the debtor who does not meet his obligations. The costs of the director/administrator, consisting mainly of the wages for hours spent by him, are also for the account of the relevant debtor.
Thus adopted during the members’ meeting of May 10, 1995.
Amounts from guilders converted into euros following meeting resolution of 24 July 2003.