Expensive bicycle removed as bulky waste by homeowners' association

Questioner

My son lives in an apartment. Down in the basement my son was renovating his basement. Then he put rubble in the corridors to remove it later. Saturday May 1st, the VVE asked via an app to empty the hallways of the basement. This had to be done before May 3rd 6:00, if the hallways are not empty, it will be removed. My son worked until 3am to clean the hallways. He left the bicycle that he had borrowed from me there, and the bicycle was also locked. The homeowners' association has now removed the bicycle because they considered it to be bulky waste. This is an expensive Koga Miyata that is still in good condition and is certainly not junk. Notification made to the homeowners' association and screened with articles 11 and 12 of the model regulations for division into apartment rights November 1983. This applies to the homeowners' association. When asked, it appears that the internal regulations have not yet been approved and that corrections still have to be made at a subsequent meeting. The homeowners' association also does not want to hand over the documents, internal regulations, division regulations and division deed to us. The excuse given is that we are not the owner. Our son cannot always express himself well and the court has appointed us as our son's mentor. We may therefore represent his interests. I would like to hear from you whether the homeowners' association is within its rights.

Lawyer

If your son is not the owner and rents the home from the owner, then it is correct that the VvE does not have to provide him (or you) with VvE documents. You can then request and obtain these documents via the landlord/owner. It is somewhat formalistic of the VvE; if they know that your son lives there, there would be no obstacle to providing certain general resident information to your son as well, but formally they are right. If the VvE has asked him to remove his belongings from the common areas and has announced that it will otherwise remove them, then the VvE is within its rights. However, if the bicycle was clearly still of some value and could in no way be considered waste, then the VvE could be accused of negligent and perhaps unlawful conduct. However, the VvE's action was announced and if a reasonable period had been given to comply, then I think you cannot blame the VvE.

Questioner

Good afternoon, my son is the owner of his apartment and not a tenant, but he is not competent and we represent his interests. This has also been officially arranged through the court. That is why I want to receive the documents from the VVE. I believe I am able to request this through that court order. Bike was definitely not scrap, was an expensive bike. Was neatly locked itself. Announcement was Saturday and Monday morning 6 am everything had to be empty. So not even 48 hours. I would like to hear from you again Kind regards, Ric

Lawyer

If your son is the owner, and therefore a member of the VvE, the VvE is obliged to provide your son with the documents. However, the VvE can take the position that your son received these documents via the notary when he became the owner and is personally responsible for keeping the documents. If you officially represent his interests, you are legally equal to your son in the relationship with the VvE. Do you also know when the VvE removed the bicycle? It is annoying about the bike, but unless it is a brand new bike, it will be difficult to get compensation from the VvE. Was the bike not found along the road or something? Did you ask where they left the bike?

Questioner

Good afternoon, Bicycle was removed and thrown away on Monday morning at 7am. The VVE board indicates that the bicycle can no longer be returned. But what is a reasonable time frame, my son had to remove all the rubble until 3am on Sunday night, I assume you should be given at least 1 week. As for the documents of the VVE, they have been amended since the purchase, so I would like to have the new documents and amended house rules. Kind regards, Ric

Lawyer

It would certainly have been more careful if they had not thrown the bike away immediately. But if the VvE removes the bike at 7 o'clock and throws it away, it will still take a while before the bulky waste is collected and the bike can no longer be retrieved. So your son has (unfortunately) let that period pass unused. Your son used the common areas for his bulky waste during his renovation of the basement. But those common areas are not for that. Especially in basements, common areas must remain free so as not to obstruct escape routes. The VvE therefore did not have to give a longer period to clear the common areas. In my opinion, the VvE did not act carelessly or improperly in that respect. I do not think that a claim against the VvE has a chance of success. They must provide you with the VvE documents in the same way as they provide them to the other owners.

Questioner

Hello, Thank you for your answers. Kind regards, Ric