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Homeowner's Association (VvE)

Homeowners

If you own an apartment right, you will have to deal with a homeowners' association (VVE). Both the VVE and individual members may come into conflict with third parties, or an internal conflict may arise within the VVE.

Our lawyers at Corten De Geer are uniquely familiar with the relevant regulations governing these matters and can assist you, if necessary, with annulment, declaration of nullity, amendment of deeds of division, and deviation from model regulations.

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FAQ

What are my obligations as a member of a Homeowners' Association?

As a member of a Homeowners' Association, you are obliged to contribute to the communal costs, such as maintenance and management of the building and communal areas. In addition, you must comply with the rules laid down in the deed of division and the internal regulations of the Homeowners' Association.

What are the obligations of a VvE?

A Homeowners' Association (VvE) is responsible for the management and maintenance of the common areas of a building. This means that a VvE is obliged to maintain a reserve fund for future maintenance, to hold regular meetings and to prepare annual accounts. In addition, the HOA must arrange for the maintenance of the building, take out insurance for the common property and make decisions about repairs, renovations or other joint expenses, for example.

How does decision-making work within the Homeowners' Association?

Decisions within an Homeowners' Association are usually taken by an absolute majority (more than half of the votes). It is important that the meeting is convened correctly and that the procedures are followed; otherwise, a decision may be voidable.

What can I do in the event of a dispute within the Homeowners' association?

It is preferable to resolve disputes within the Homeowners' association through mutual consultation, possibly with the help of mediation. If this is not possible, you can have a decision overturned by the subdistrict court if it is contrary to the law, the deed of division, the internal regulations or the standards of reasonableness and fairness.

Can I renovate or make changes to my flat without the permission of the Homeowners' association?

That depends on whether the change concerns the private part or a common part, and what the deed of division and the internal regulations stipulate. Changes to common parts or to the exterior of the building usually require the permission of the owners' association.

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