Legal Assistance with VVE Disputes

Questioner

I live in an apartment with a VVE. The VVE wants to oblige me to take hr++ glass and I have to pay for that. I already have double glazing that was installed with permission from the VVE. At the meeting it was decided that the owners have to install and pay for it individually. My double glazing is still fine and I actually want to leave it there. Even though it was ten years ago, I invested a considerable amount. My question is whether I can refuse that hr++ glass.

Lawyer

The exterior facade including the windows and frames are the responsibility of the VvE. If the general meeting decides that the glass must be replaced, this is a valid decision that all members are bound by. If the decision is unfavorable to you, you can request the court to annul the decision. However, this must be done within 30 days after the decision in question was taken or announced. Once this period has expired, you can no longer undo the decision.

Lawyer

In accordance with the division regulations, the windows/frames are to be regarded as common property, the repair and replacement costs for which are to be borne by the joint apartment owners. The previous decision of the VvE that regulates a different cost allocation is therefore in conflict with the law or the articles of association (division regulations) and is therefore null and void. This implies that this decision was never actually taken and that you therefore do not have to cooperate with this decision. If the VvE does not accept this, you will have to go to court to have the decision declared null and void. I have handled a similar case in the past, the ruling of which has been published. You can consult the ruling via this link: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:GHAMS:2011:BP7929. I am specialized in apartment law and, if desired, I would be happy to assist you in this matter. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.

Questioner

I understand from your response that I have little chance of refusing that glass. But now the following, there is not enough money in the treasury to pay for that entire project. The VvE then wants to take out a loan and have the members pay it back via the service costs.

Lawyer

Your refusal to replace the windows/frames yourself and at your own expense has a good chance, because the decision of the VvE with that content is null and void. Based on the division regulations, you must in any case contribute to the costs of replacing all windows/frames if the VvE decides to replace and pay for them collectively. That you paid for the replacement of the windows/frames of your apartment yourself 10 years ago, but no difference.

Questioner

[The implementation of such decisions can only take place when the funds required for the implementation have been reserved in the association's treasury. ]. It is written in the (Deed of Division) that there is no money for the glass and now the VvE wants to borrow that money and have all owners pay back that amount monthly. And that for ten years. If I read that, borrowing is impossible. I am curious about your opinion.

Lawyer

It is legally possible for a VvE to borrow money to pay for maintenance. Whether this is also possible for your VvE depends on what is stipulated in the deed of division or the applicable regulations regarding taking out a loan.

Lawyer

The replacement of the windows is not done at your own expense; for that reason my colleague's response is incorrect. The VvE pays from the common pot for these new windows. But because there is not enough money in the VvE fund, the VvE members have to contribute or the VvE has to borrow the money and repay it from the VvE contribution of the members. If it is a legally valid decision of the AGM, so announced in time, the decision-making announced and adopted by the correct majority, then it is a legally valid decision and you are bound by it. If the decision, or at least the announcement thereof, is more than 30 days old, the decision can no longer be annulled in court and you cannot avoid it. That is the consequence of common ownership such as in a VvE.

Questioner

[The implementation of such decisions can only take place when the funds required for the implementation have been reserved in the association's treasury. ]. So if the necessary funds are not in the cash and it is stated in the deed of division that borrowing is not allowed, it is still allowed to borrow with a majority of votes? I find that strange.