On Curaçao, there are frequent conflicts related to the Owners Association (VvE). There are several types of these on the island. For example, we know the ‘ordinary’ VvE which is found in Book 5 of the Civil Code of Curaçao. These rules are almost the same as for BoE's in the Netherlands. Special BoEs are also common in Curaçao. The legal rules for these are found in Book 2 of the Civil Code of Curaçao. These are associations established to manage an estate, compound or park. On such complexes there is often also mandeliness, which is managed by the VvE in question.
Dispute about VvE in Curacao
Disputes regarding an BoE in Curaçao often concern decisions that have been taken, the way the BoE is managed, or disputes between the members of the BoE. What makes BoEs in Curaçao special is that there is often a combination of apartment owners, each of whom has its own purpose with their apartment. For example, it is relatively common that one or more restaurants, a hotel, vacation apartments for own use, vacation apartments for rent, but also owners or users who live permanently in the complex, are part of a CoE in Curaçao. As the interests of these groups diverge, conflicts quickly arise. Lexys Advocaten specializes in resolving VvE disputes in Curacao.
Ownership Agreement Curacao: timeshare or part-time apartment
Another peculiarity of VvEs in Curacao, is the concept of a part-time apartment right enshrined in the law. This was done in connection with the timeshare practice common in the former Netherlands Antilles. A part-time apartment right is a combination of shared ownership (the apartment right) and timeshare. Whereas an ‘ordinary’ apartment right includes a share in the building or complex and in addition the exclusive right to use an apartment, the latter is different with a part-time apartment right. With a part-time apartment, you only have a right to use the apartment at certain regularly recurring times. On the other hand, you are co-owner in the complex.
Lawyer in Curacao
The attorneys at Lexys Lawyers (headquartered in Rotterdam, the Netherlands) have extensive experience in advising and litigating for and against VvEs in Curaçao. The attorneys can therefore often be found on the island. In case of proceedings, they first prepare the case from the Netherlands. Then they can come to court themselves, or a local attorney is called in to do the pleading or oral proceedings. Of course, the preference is always discussed with the client in advance. Would you like to know what Lexys Lawyers can do for you in Curacao? Then please contact with us.
Association Lawyer needed in Curacao?
Then call us at +599 788 9920 (local rate), or fill out the contact form below. We will contact you as soon as possible via email or phone.
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