Judge overturns VvE decision: meeting in wrong municipality

The Amsterdam court has issued a number of VvE decisions overturned because the meeting took place in the wrong municipality. This is according to a ruling published yesterday (ECLI:NL:RBAMS:2025:4860). In the deed of division of the association states that meetings must be held in the municipality in which the building stands. The administrator of the VvE did not comply with that requirement, however. In fact, the meeting was held at the administrator's office in another municipality. For the subdistrict court, that was enough to overturn the resolutions passed at that meeting. Estate planning law attorney Robert van Ewijk discusses the ruling.

Second CoE meeting due to insufficient quorum

In this case, the applicant is in fact concerned with the 2023 and 2024 financial statements. Approval of those financial statements and discharge of the board, was on the agenda for the meeting to take place on November 25, 2024. At that meeting, however, too few votes were present to make legally valid decisions. Only 10.95% of the votes were present or represented. Therefore, the administrator of the CoE organized a so-called second meeting. In such a meeting, legally valid decisions can be taken regardless of the number of votes present. The second meeting would take place on Dec. 16, 2024, at the administrator's office in Nieuwegein.

VvE meeting in violation of provisions on formation of resolutions

The subdivision deed of the CoE states that the meetings of the CoE shall be held in within the municipality where the building stands, at a place to be determined by the board. The building of the CoE is not in Nieuwegein. So the meeting at the administrator's office, would take place at a different location than prescribed by the subdivision deed. Therefore, the court determined that the VvE's subdivision deed was violated. This is because a rule in the deed that deals with how decisions are reached was violated. The law states that the resolutions are therefore voidable. Of additional importance to the Subdistrict Court was the fact that attendance was possibly so low, due to the fact that the meeting was not held in the vicinity of the building.

Resolutions of the association destroyed

The district judge therefore set aside the decisions taken at the second meeting. In addition, the cantonal court that a new meeting will have to be organized to take the decisions. The VvE will then, of course, have to observe the requirements for this. You can read more about this ruling on the website of vverechtspraak.nl. Want to know if your VvE meeting meets all the requirements and if resolutions can be voidable? Then contact with the VvE specialist at Lexys Lawyers.