Substitute authorization for amendment of subdivision deed CoE

If the members of the CoE want to amend the subdivision deed, this in principle requires the cooperation of all owners. The alternative is to decide on the amendment of the deed at a VvE meeting. In that case, a majority of 80% of all votes is sufficient. If this majority is not achieved, then it can still be attempted to amend the division deed through the courts. As with the construction of an extension, substitute authorization may in fact be granted for this purpose. For the procedure to obtain a replacement authorization to get to amend the subdivision deed do have some requirements that need attention.

Request for substitute authorization to amend subdivision deed

The main difference with the ‘ordinary’ substitute authorization, is that the request to grant a substitute authorization to amend the subdivision deed must be made by at least half of the voting members. This makes the threshold for such a request a lot higher. Because not only must half of the voting members agree to amend the deed, but in addition, they must also be willing to go to court for it. However, once that threshold is taken and the request filed, that reviews the judge's decision on whether to grant the substitute authorization.

Amend division deed after substitute authorization

The law states that the request is granted, if the consent or cooperation to amend the subdivision deed, is refused without reasonable cause. So the judge then looks at the reasonableness of the refusal. Reasons for requesting a substitute authorization to amend the subdivision deed can be very diverse in nature. What often happens is that there is an error in the division deed. For example, incorrect distribution keys. Or the application of the regulations may be unfair. But there may also be other reasons: for example, that the VvE's division deed no longer reflects reality.

Lawyer VvE law on amending division deed

The lawyers at Lexys Lawyers have years of experience advising and litigating on amendments to the VvE's divisional deed. They are experts in VvE law and therefore regularly write for information platform Nederlandvve.nl. Take contact with them to find out what they can do for you.