Is Block Heating Compensation (TTB) correct?

Questioner

I have a question regarding the Temporary Compensation for Block Heating (TTB) compensation. Our VvE consists of 42 independent apartments. On January 4, 2024, our manager withdrew an amount of €362.04 from our account without permission. If you divide this amount by 42, you get an amount per apartment of €8.62. That is the same amount that the manager receives from the central government. In the last AGM it was determined that, given the high costs of the manager for applying for and allocating the subsidy, we will pay an amount of €15 per apartment as a gesture of goodwill, totaling €630. My question is, is the administrator allowed to withdraw the amount of €362.4 from our bank account without notifying the AGM or the board and audit committee? Ps. We have not yet received any compensation and we do not know whether the tax authorities have deposited the amount into our homeowners' association's account.

Lawyer

This appears to be an unwanted action by the administrator, whereby an amount was debited from the VVE account without permission. First of all, it is important to know that the Owners' Association (VvE) is a legal entity and that the manager cannot simply withdraw amounts from the general resources of the VvE without permission. This goes against the principle of good governance and management. If this does happen, it may constitute an unlawful act. In addition, the law states in article 5:126 of the Dutch Civil Code that a VvE must be managed by a board that is accountable to the meeting of owners (the VvE members). The manager can act on behalf of the VvE, but must obtain approval from the board or the members' meeting. If permission has not been given for the withdrawal of the costs for an application grant for block heating, then the manager does not appear to be acting in accordance with the VvE rules. I therefore advise you to submit the matter to the VvE meeting, and if necessary to inform the general meeting of this. The situation may be resolved through this internal route. If this does not lead to the desired outcome, legal assistance can be called in. Note that this should be a last step, given the costs that may be involved. In general, in the event of unlawful withdrawals, the manager will have to repay the amount to the VvE. In short, it appears that the manager has not acted correctly, but for certainty and a detailed analysis, it would be wise to consult a lawyer or legal expert. I would like to invite you to rate the above answer so that we can learn from your response.