Legal assistance with roof construction and VvE disputes

Questioner

Dear Legal Aid Clinic, We are the owners of number 22 and are considering a roof extension: however, the VvE responded with 7 votes against and 5 for the roof extension. We have a VvE for the 12 apartments: two adjacent Hague porches. Stacked low-rise ground floor (with owner A), 1st floor (with owner B) and 2nd floor (with owner C, like us). VvE manager is external. The VvE manager summarises at the general meeting, as a continuation of the minutes with appendix of November 2017, what the applicable laws and regulations are, and what the legal and financial consequences are (for whom and what) of a roof extension, including all intervening parties, such as the municipality, permit, notarial costs and recording in the deed of division, management and maintenance, impact on the building insurance, contribution to the VvE. This as an explanation of previous most important questions and objections. Owners number 22 (we), who were also authorized on behalf of two other absent Vve members, go through those matters (sun study earlier, building under architecture) that can still be explained from the previously sent documents of the draft designs (March 2018). They are considering applying for the environmental permit from the municipality and explain their current draft designs and give examples of similar roof structures on stacked low-rise buildings in the Bloemen- or Vruchtenbuurt or the Bohemen district. The explanation indicates that all draft designs have less living space compared to a previous solar study (at the former architectural firm) in November 2017, which means that the intended roof structure is less visible from the reference point in Geraniumstraat. It is also discussed that the current architect of the draft designs explicitly wants to preserve the characteristic value of our neighborhood and street and has therefore carefully weighed the quality of the neighborhood and street on the one hand and the housing needs and freedoms of use of us with the VvE on the other. Some VvE members indicate that in their perception, roof structures in the Bomen- or Bloemenbuurt are not finished nicely elsewhere: the gray side walls (instead of stone strips) in transition to adjacent plots. Another VvE member believes he has not yet seen roof extensions on stacked low-rise buildings like ours. The outcome of the 12 members is that 5 votes were counted in favor and 7 against. Arguments for voting against: A VvE member says that the extension of the house(s) with a roof extension would attract more large families with children and that this (children/noise) would adversely affect the value of the other apartment(s), in particular the apartment of the downstairs neighbor, in the VvE (porch). It is emphasized that people find it a quiet neighborhood, without high-rise buildings, and that people have the idea that expanding the housing area will lead to more hustle and bustle and nuisance. Some VvE members judge the submitted sketch designs as beautiful with of course preferences that differ per VVE member. At the same time it was also noted that just one such construction gives a different image than over the entire roof length (as in the sketch designs). Some VvE members mention the exemplary effect: if the opposite VvE (Begoniastraat) were also to consider roof extensions, this could possibly have an effect on the sunlight and view for our VvE (Geraniumstraat). My question: are their objections and interests to reject the roof extension (permit application) subordinate to our interest for our family. Will we win (annulment of VvE decision) this at the Hague subdistrict court?

Lawyer

If this issue is brought before the subdistrict court, it will have to assess on the basis of the law whether or not the decision not to allow the roof extensions is contrary to reasonableness and fairness. The interests of both camps (those in favour and those against) will then be weighed up. In this context, it is therefore also of great importance what the interest of the person in favour is in being able to realise the roof extensions.