What steps to take in the event of a VvE dispute?

Questioner

Last year June 2022 I bought a ground floor apartment. The upstairs apartment was bought by an investor and is rented out. We are a VVE with 2 members. The investor is the chairman of the board. I transfer my VVE amount every month, but I have no overview of the account and cannot log in either. Now there should be repairs to the house and I asked for an overview of the account. He asked me to request a quote, because he is far too busy. I only have contact with this man via the app, he is always very busy, I have never seen him. Since May of this year I have been asking for an overview of the account, but have not received anything yet. Now he indicates that he has lost his card for the account and therefore has no login details and that I should become a director. I have contacted the bank, they are not allowed to give me information, and he can only change me as a director by reporting this to the Chamber of Commerce. But according to the bank he has to do that, because otherwise anyone could just add themselves as a director. I let him know and also indicated that we both have a responsibility to each other regarding the VvE. I indicated that he can simply apply for a new card at the bank. I have not heard from him since. I have a strange gut feeling about this and do not know what steps to take. He also lives in Amsterdam and I live in Geleen. Do you have any advice for me on how I can best approach this and is the information that he has to change this with the Chamber of Commerce correct? I have rented for a very long time before this and have no experience with a VvE.

Lawyer

I understand that this situation may be stressful for you, but there are several steps you can take to address this issue. First, as a member of the Owners' Association (VvE), you have the right to inspect the VvE's administration. This includes financial documents, such as bank statements. It is important to remember that the board is required to do this. Since the investor is currently the board, he must provide you with this information. You can send a formal request explaining that you have the right to inspect the administration of the VvE. If necessary, offer to travel to Amsterdam to meet him and look at the documents. If he still refuses to provide these documents, you can start a dispute resolution process with the subdistrict court. This process costs time and money, so it is wise to try to avoid this by finding a reasonable solution. Furthermore, it is true that only current directors can change the board composition at the Chamber of Commerce (KvK). This is to prevent unauthorized persons from making changes. If it is not possible to reach a solution with the current director, it may be advisable to consult a lawyer or seek legal advice from an organization that specializes in VvE problems. It is also important to read about your rights and obligations as a VvE member in the division deed and the VvE regulations. It sounds like a difficult situation, but there are several options that can help you move forward. Good luck.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer