Invitation to CoE meeting may be via e-mail

The most recent model regulations for Owners' Associations (BoEs) - that's model regulations 2017 - contain the provision that invitations to the BoE meeting may also be sent via e-mail. The older model regulations do not contain that provision. There, only the text states that invitations to the VvE meeting must be sent to the actual residence or an elected residence of the VvE member in question. The Supreme Court however, ruled late last year that this does not prevent the invitation from being sent via email after all. VvE Lawyer Robert van Ewijk explains how.

Model regulations on invitation to VvE meeting

In the case at hand, the VvE had sent the invitation to the VvE meeting via e-mail. After the meeting, the minutes were also sent via e-mail. One of the VvE members disagreed with the decisions taken at the meeting, and therefore asked the subdistrict court to annulment of the association decision. The district judge denied the request. In appeal it was again rejected. It was ruled that the request for nullification had been filed too late. The owner in question disagreed, and went into cassation. There it was argued that the model regulations do not mention that the convocation for the VvE meeting may also be done digitally. And if it is not explicitly stated, then it is not allowed, according to the owner in question.

Supreme Court: invitation to VvE meeting may be digital

At the Supreme Court, the owner in question was again ruled against. For ‘ordinary’ associations, the law (Article 2:41 paragraph 5 of the Civil Code) states that if a member consents, the convocation for the meeting can be by e-mail, unless the articles of association provide otherwise. However, that article of the law does not apply to CoEs. Therefore, the owner in question felt that the invitation should not be sent via e-mail. The Supreme Court disagreed. In 2007, during the parliamentary discussion of some amendments to the law that apply to VvEs, the legislator indicated that Article 2:41 paragraph 5 of the Dutch Civil Code does not need to be declared explicitly applicable to VvEs, because the electronic convocation would already be possible and therefore does not need to be regulated by law.

Requirements for invitation via email

However, some conditions must be met in order to send the invitation to the VvE meeting digitally. First, the member in question must agree to the invitation via email. The second condition is that the owner discloses an e-mail address to the CoE for that purpose. Finally, the digital convocation must not be in the subdivision deed are prohibited. However, I am not aware of any division deeds that prohibit digital convocation. Therefore, I assume that digital convocation is permitted in the vast majority, if not all, CoEs.