Managing multi-owned, mixed-use developments in The Netherlands. The opinion of professional managing agents

• Author: Hendrik Ploeger
• Position: Faculty of Law, VU University Amsterdam, Amsterdam, The Netherlands and Faculty of Architecture and The Built Environment, Delft University of Technology, Delft, The Netherlands, and
• Pages: 271-285

Managing multi-owned,

mixed-use developments in

The Netherlands

The opinion of professional managing agents

Hendrik Ploeger

Faculty of Law, VU University Amsterdam, Amsterdam, The Netherlands

and Faculty of Architecture and The Built Environment,

Delft University of Technology, Delft, The Netherlands, and

Daniëlle Groetelaers

Faculty of Architecture and The Built Environment,

Delft University of Technology, Delft, The Netherlands

Abstract

Purpose – This purpose of this paper is to analyses the management difculties experienced in

multi-owned, mixed-use developments and possible solutions, based on the opinions of professional

management agencies in The Netherlands.

Design/methodology/approach – We performed a survey among professional management

agencies that take care of the day-to-day management of many multi-owned, mixed-use developments.

The survey focused on aspects such as the inuence of the developer on the deed of division and the

appointment of the professional manager, and the role of legal advisors.

Findings – The outcomes support the assumption that mixed-use developments have more problems,

and problems of a different nature, than homogeneous complexes. We conclude that a custom-made

deed of division, or at least one that is appropriate to the mixed-use situation, is preferable. The legal

expert involved (a civil law notary) should therefore consult the owners and – if applicable – the

professional management agency. They have the practical knowledge to identify management

difculties. Drawing up the deed of division should never be the nal piece of the process, but it should

be an analogous development to the design and development process. However, our hypothesis that

developers should consult the notary during the planning phase of new projects was not conrmed by

the survey.

Originality/value – Most legal research focuses on the law and the legality of instruments, sometimes

including the practical implications by performing case law research. We stress the importance of

including day-to-day practice and practitioners in legal research. Professional management agencies

have the requisite knowledge – both practical and legal – of how the system of “apartment ownership”

works. This makes them a very useful source of information.

Keywords Netherlands, Management, Legal design, Mixed-use, Multi-owned developments,

Professional management agencies

Paper type Research paper

1. Introduction

The way in which multi-owned residential developments are and can be managed, and

the complexities involved, are subjects that have already been widely discussed

The current issue and full text archive of this journal is available at

www.emeraldinsight.com/1756-1450.htm

Managing

multi-owned,

mixed-use

developments

271

International Journal of Law in the

Built Environment

Vol. 6 No. 3, 2014

pp. 271-285

© Emerald Group Publishing Limited

1756-1450

DOI 10.1108/IJLBE-07-2013-0028