Vedtekter
Vedtekter (bylaws) are the internal rules of a sameie, borettslag or boligaksjeselskap (housing joint-stock company). They define how the body is governed: who has voting rights, how the general meeting is held, what the board may decide, how felleskostnader (shared costs) are allocated, and which rules apply to the use of common areas, keeping pets, letting and alterations to the individual home. Vedtekter must stay within the limits of the law that applies to the form of ownership.
For a borettslag, burettslagslova of 2003 sets the overall framework. The act requires the vedtekter to contain certain minimum provisions (the name of the body, its registered office, its purpose, the size of the share, rules for the general meeting) and it limits what the board may decide without the consent of the general meeting. For eierseksjoner (owner sections), eierseksjonsloven applies. It has a similar minimum structure and regulates in particular the allocation of felleskostnader, the bruksrett (right of use) to sections, structural alterations and interventions in common areas. Boligaksjeselskaper (aksjeleiligheter) are governed partly by the Companies Act and partly by burettslagslova applied by analogy, so the vedtekter have to navigate both sets of rules.
Vedtekter are adopted and amended at the general meeting. As a general rule, amendments require a qualified majority, typically two thirds of the votes cast. Some far-reaching amendments require a larger majority or unanimity, in particular where they interfere with an individual resident's exclusive bruksrett. Examples: a substantial change to the sameiebrøk (ownership fraction), reallocation of common areas to private use, or a substantial increase in the burdens placed on one or a few sections. Burettslagslova § 7-11 and eierseksjonsloven § 27 to § 28 give a more detailed overview. Amendments must be minuted and, as a rule, reported to Foretaksregisteret at Brønnøysundregistrene in order to apply against third parties.
Husordensregler (house rules) are a related but separate document. They cover everyday matters: quiet hours after a set time, cleaning of stairwells, parkering (parking), the bicycle store, pets in common areas and similar. Husordensregler are normally adopted by the board or the general meeting by simple majority, and they are easier to change than the vedtekter. The distinction matters in practice: a rule that interferes deeply with the bruksrett (for example a ban on keeping pets) belongs in the vedtekter and requires a qualified majority, while a rule on when the bin store is locked can sit in the husordensregler.
The vedtekter carry a lot of financial weight. The allocation key for felleskostnader, rules on bruksendring (change of use), the right to let, forkjøpsrett (pre-emption right) for members of an affiliated boligbyggelag, and rules on changes to shared debt are typically anchored here. When buying an andelsleilighet or a section, the buyer must read the vedtekter before bidding. Under avhendingsloven, the estate agent is obliged to present them. Claims that "everyone will agree to this" carry no legal weight against the vedtekter; the text of the vedtekter governs.
Disputes about the vedtekter are settled in Boligklageutvalget (the housing complaints board), the municipal forliksråd (conciliation board) or the courts. A decision taken in breach of the vedtekter or the law can be declared invalid, and a section owner or share owner who suffers substantial harm from an unlawful decision can demand that it be set aside and, where relevant, claim compensation. The deadline for complaint is generally short, normally three months from the date the decision was minuted.
From Placepoint's ordbok: Vedtekter
More information: Lovdata: Burettslagslova, Lovdata: Eierseksjonsloven, Brønnøysundregistrene: Foretaksregisteret
English: Bylaws (governing rules of a sameie or borettslag).
Frequently asked questions
What are vedtekter?
Vedtekter are the internal rules of a sameie, borettslag or boligaksjeselskap. They govern the board, the general meeting, the use of common areas, the allocation of felleskostnader and other matters that are not regulated in detail by law.
What is the difference between vedtekter and husordensregler?
The vedtekter govern the basic framework for governance and ownership rights, and require a qualified majority to change. Husordensregler cover everyday matters (quiet hours, parkering, pets in common areas) and are easier to change, often by simple majority.
Who adopts the vedtekter?
The vedtekter are adopted at the general meeting. As a general rule, amendments require a two-thirds majority, and particularly far-reaching amendments may require unanimity or more than two thirds.
Do the vedtekter have to be reported to Brønnøysundregistrene?
Yes, substantial amendments to the vedtekter of a borettslag or boligaksjeselskap must be reported to Foretaksregisteret at Brønnøysundregistrene (BRREG) in order to apply against third parties.
Can the vedtekter go beyond the law?
No. The vedtekter must stay within the limits of burettslagslova, eierseksjonsloven or other relevant law. A provision that conflicts with a mandatory statutory rule is invalid.