Legal Question about VvE Obligations

Questioner

We live in a house with two apartments. The upstairs apartment has been sold to a developer who is going to renovate it and resell it. We have a dormant homeowners' association (VvE). Registered with the Chamber of Commerce, building insurance, and a deed of division stating that everything except the roof is our own responsibility. Now the new owner wants us to activate the association. Are we obliged to do so? At this point, the buyer hasn't signed yet, but the real estate agent wants us to sign something to activate the homeowners' association so the buyer can get a mortgage. We're afraid the buyer wants to do this to get us to help pay for his renovations so he can sell it more efficiently... I would very much like a quick answer thank you in advance

Questioner

Thank you for your question. It is mandatory to have an active homeowners' association (VvE). An active VvE meets at least annually, is registered with the Chamber of Commerce, has joint building insurance, carries out maintenance according to a (sustainable) multi-year maintenance plan (MJOP), and saves for major maintenance in the future (reserve fund). As the owner, you are only obligated to contribute to the costs of management and maintenance of the common areas and facilities of the apartment building, as described in the deed of division and the applicable model division regulations. Therefore, you are never obligated to contribute to the (renovation) costs of the upstairs apartment. If changes to the common areas and facilities of the building (walls, floors, facade, window frames, etc.) are required for the renovation of the upstairs apartment, the project developer also requires your permission. If this is missing, such changes may not be carried out.