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Is the tenant required to comply with the co-ownership regulations?
Is the tenant required to comply with the co-ownership regulations?
Yes, a tenant must comply with the co-ownership regulations and the internal rules of the apartment building. Even if they are not the owner, they are obliged to respect the rules of the building.
Why do the regulations also apply to tenants?
The co-ownership regulations contain rules regarding the use of:
- Common areas (hallway, elevator, parking)
- Peace and quiet and night-time noise
- Pets
- Waste management
- Use of terraces and balconies
- ....
These rules apply to everyone who uses the building, including tenants and visitors.
Who is responsible to the Owners Association?
The owner remains a legal member of the Owners Association. This means:
- The Owners Association always addresses the owner
- The owner must ensure that the tenant complies with the rules
If a tenant causes a nuisance or violates the regulations, the Property Manager can address the owner.
Must the regulations be provided to the tenant?
Yes. It is strongly recommended and, in practice, necessary for the owner to provide the co-ownership regulations and the internal rules to the tenant.
The lease agreement often stipulates that:
- The tenant has taken note of the regulations
- The tenant undertakes to comply with the rules
This protects the owner in the event of any disputes.
What if the tenant does not respect the regulations?
When a tenant violates the rules, the Property Manager can:
- Address the owner in writing
- Send a formal notice of default
- Take further steps in the event of serious or repeated violations
In extreme cases, persistent nuisance can lead to a procedure to terminate the lease agreement.
What is the conclusion?
Yes, a tenant must comply with the co-ownership regulations. Although they are not the owner, the rules of the building also apply to them. However, the owner remains responsible to the Owners Association and must ensure that their tenant complies with the regulations.
The keys change hands, but the rules do not.
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