JuridischForum.be

Hi,

I appologize for message in English, I can understand Dutch but I can't write it properly. Hope this is not the problem.

The co-owners in my building want to install common water-softening system which will soften (ontkalk) all water comming to the building. I have my concerns about this system and I do not want to have it installed, but majority of the owners want to have it. As it is much cheaper to install it on main pipe that supplies all appartments then to install it separate for all appartments, they want to do go for cheaper solution and install one system for everyone.

I believe that forcing installment of such system is against my basic human rights, as nobody has right to mess with the water I am using or drinking and alter it in any way with water softening system without my agreement.

Can anyone let me know what are my rights, or eventually point me to the law/article that helps resolving the problem?

installing such a device is a positive thing for both party's

the less "kalk"/"chalk" there is in the pipes, the longer the pipes wil "live" and the longer machines ( dishwasher, washing machine, etc ... ) wil keep working.

This is not entirely true, and mostly you will have such conclusions if you are watching TV commercials for Calgon or similiar products. Basically, water softening is chemical process that is replacing Ca and Mg ions with Sodium ions (from NaCl). Depending on hardness of your water, amount of sodium that is added to your tap water can go pretty high,and it can be dangerous for the people with high blood pressure problems (like myself). In general it is reccomended that you always keep one lead with hard water that you would use for cooking or drinking, and in our case ALL water should be softened.

On top of that, water softening systems are spending much more water for functioning of the system, so it would increase your water consumption and accordingly the water bill. Then you have maintenance costs, environment polution with chemicals used in the system, etc...

Anyway, I did not start thread to talk why I do not want water softener - I actually need an legal advice

Ok, here goes:

First of all it is important to know wether you are an owner or a resident in the building. ( Makes a difference in the approach of appeal)

At the moment I'll assume your are an owner. Were you present at the meeting where the decision to install a water softening system was made or did you just get the conclusions of the meeting. If you were present at the meeting did you voice your concerns and asked to be noted as opposed to the proposition in the conclusions of the meeting?

As an owner you have the right to appeal every decision taken by the yearly convention of owners through a request to the local judge of the peace.
This right is guaranteed by article 577 9 §2 of the civil code.

Art. 577-9. <Ingevoegd> § 1. De vereniging van medeëigenaars is bevoegd om in rechte op te treden, als eiser en als verweerder.
Iedere medeëigenaar kan echter alle rechtsvorderingen alleen instellen betreffende zijn kavel, na de syndicus daarover te hebben ingelicht die op zijn beurt de andere medeëigenaars inlicht.
§ 2. Iedere medeëigenaar kan aan de rechter vragen een onregelmatige, bedrieglijke of onrechtmatige beslissing van de algemene vergadering te vernietigen of te wijzigen.
Deze vordering moet worden ingesteld binnen drie maanden te rekenen van het tijdstip waarop de belanghebbende kennis van de beslissing heeft genomen. De medeëigenaar die op regelmatige wijze is opgeroepen, wordt geacht kennis van de beslissing te hebben genomen op het tijdstip waarop ze door de algemene vergadering is goedgekeurd.

Honesty obliges me though to inform you that your chances to win such an appeal, if the vote was held correctly, are marginal at best. Softening of water is in most communities in Belgium a real necessity and more and more often happens at a regional level. As far as is known after decades of use no health risks have been detected on short or long term. The only possible problem with a water softening installation is if the system is badly managed or not regularly serviced but that is the responsibility of the blockkeeper. If such problems should arise ( high sodium levels for blood pressure patients) health services should be alerted inmediatly and the system recalibrated.

As such you would have no case to appeal an infringement of your basic human rights.


Living in an appartmentbuilding automatically means you live in a community and regularly in a community the demands of the many outweighs the demands of the few.

Thanks for your answer. I am the owner of the appartment, I was present at the meeting and I told that I do not agree with this installation. However, it is my voice against all other co-owners.

Just for your info, I will copy a text from www.vivaqua.be:

– Treating the water that is used for food is not advisable. In this case water softeners can represent a risk for the health. They contain resins that retain the calcium and the magnesium present in the water and replace them with sodium. Excessive sodium is not good for the blood pressure, the heart and the arteries.
– Bacteria can develop if the water softeners are not well maintained.
– In order to maintain water softeners properly one must rinse them with a large quantity of water, which induces
a higher consumption and a discharge of salt into the environment.
– Softened water can also attack the pipes.

Also, from Wikipedia:

For people on a low-sodium diet, the increase in sodium levels (for systems releasing sodium) in the water can be significant, especially when treating very hard water. A paper by Kansas State University gives an example: "A person who drinks two litres (2L) of softened, extremely hard water (assume 30 gpg) will consume about 480 mg more sodium (2L x 30 gpg x 8 mg/L/gpg = 480 mg), than if unsoftened water is consumed." This is a significant amount, as they state: "The American Heart Association (AHA) suggests that the 3 percent of the population who must follow a severe, salt-restricted diet should not consume more than 400 mg of sodium a day. AHA suggests that no more than 10 percent of this sodium intake should come from water. The EPA’s draft guideline of 20 mg/L for water protects people who are most susceptible."[2] Most people who are concerned with the added sodium in the water generally have one tap in the house that bypasses the softener, or have a reverse osmosis unit installed for the drinking water and cooking water, which was designed for desalinisation of sea water.

Having all this inmind, I would not be so comfortable claiming that this has no influence onm health at all. In my eyes, water softening is making more problems than real benefit.

Anyway, thanks for the information!

One thing i would do though is warn the blockkeeper ( syndicus en/of conciërge) of your medical problem and the risk a badly managed water softening installation might pose for you.

You can in that same letter request that a survey should be made concerning the expected sodium levels in the water with a properly calibrated system. Request a response within 10 workdays after sending the letter.

Always send such letters by confirmation of delivery ( Aangetekend).

If the request for a preliminary survey is refused you have grounds to appeal before a judge of the peace and demand that it is held before a water softening installation is installed.

Thanks for your answers. It seems that one more co-owner does not want this system to be installed, and when I explained all issues to another neighbour, she is not also convinced anymore that buying such a system is a good idea.

Further to your medical problem you can put forward as a second argument that other appropriate solutions exist which do not modify the chemical composition of the water though reducing the negative effects of hard water on boilers, taps, etc.

http://www.calc-tech.de/index_en.html

Further to your medical problem you can put forward as a second argument that other appropriate solutions exist which do not modify the chemical composition of the water though reducing the negative effects of hard water on boilers, taps, etc.

http://www.calc-tech.de/index_en.html

Those systems DON'T work. They only cost money to install!

@ vladojko: the arguments from Vandbos are the real deal. Softened water is NOT bad for your health, a badly managed or not regularly serviced system is very bad for anyones health.

De hoofdwaterleiding behoort tot de gemeenschappelijke gedeelten van het gebouw en dus ook de ontkalker die men er zou op plaatsen.

“Art.577-7.§1.Behoudens...beslist de algemene vergadering:1°.bij meerderheid van drie vierden van de stemmen:...b)over alle werken betreffende de gemeenschappelijke gedeelten...“(Burgerlijk Wetboek).

Indien een medeëigenaar zich benadeeld acht wegens het ontkalkte water dat hem daardoor geleverd wordt dan kan hij zich daartoe tot de rechter wenden met inachtneming van “Art.577-9.§1....Iedere medeëigenaar kan echter alle rechtsvorderingen alleen instellen betreffende zijn kavel,na de syndicus daarover te hebben ingelicht...“(Burgerlijk Wetboek).