Activate VvE and legal advice

Questioner

I am a 50% owner of a property, the other 50% is owned by my neighbor. We have a VVE and I want to activate it because I want to sell my house. The deed of division and regulations date from 196. The neighbor also refuses to cooperate. What can I do to force him to do it?

Lawyer

You must convene a meeting, the agenda of which includes activating the VvE, appointing a board/appointing a manager and determining the contribution of the owners. The rules regarding convening a meeting are stated in the deed of division and the applicable regulations. If the other owner does not appear at the meeting, no legally valid decisions can be taken. The regulations then usually stipulate that a new meeting must now be convened, at which the decision can be put to the vote regardless of whether the other owner is present. The decisions can then be adopted without the vote of the other owner. If the owner votes against the proposals in one of these meetings, you can turn to the subdistrict court and request that the negative decision be annulled. In the same procedure, you can then request authorisation to convert the other owner's negative vote into a positive vote, so that the VvE can be activated. I specialise in apartment law. If desired, I would be happy to advise or assist you in this matter. If you have any questions, please feel free to contact me without obligation and free of charge.