The Hierarchy in Apartment Law: What Takes Precedence?

When buying or selling an apartment, understanding the hierarchy of rules in apartment law is crucial. What happens if the deed of division conflicts with the house rules? A clear hierarchy determines which regulations prevail.

What is the order of precedence?

The hierarchy outlines which rules take priority in case of conflicts:

1. Civil Code: The highest authority, containing key laws about apartment ownership.
2. Deed of division and plans: Legally binding documents detailing what is common or private.
3. Declaration of division: Covers cost-sharing, maintenance, and voting rights.
4. House rules: Provide additional guidelines, such as usage of common areas.

Why does it matter?

Agents must understand how these documents work together. For instance, a house rule may be invalid if it contradicts the deed of division. Knowing this allows you to advise clients accurately.

Practical examples

• Resolving disputes: Use the hierarchy to determine which rules prevail when owners disagree.
• Pre-sale checks: Always verify that governing documents align with the building’s actual use.