Judge compels homeowners' association members to cooperate with sustainability measures

In a recently published ruling, the Rotterdam District Court (ECLI:NL:RBROT:2025:13219) Two members of a homeowners' association were ordered to cooperate with sustainability measures. These measures were decided upon in 2024, but two members refused to clear out their crawl spaces. This was necessary because only then could the required insulation be installed. The homeowners' association therefore initiated summary proceedings, demanding that the members be ordered to cooperate. This was successful. In addition, the judge linked a penalty to the conviction, because the defendants so steadfastly refused to cooperate in the execution of the work.

Homeowners' association has urgent interest in claim for cooperation on sustainability measures

For a claim in summary proceedings, there must be an urgent interest. That was the first thing the judge had to decide in this case. He found that this urgent interest was present. This was not only because the work could only be carried out within a limited period of time, but also because any delay would have major consequences. The delay would increase the cost of the work, and it was also questionable whether the owners' association would still meet the conditions for a loan from the National Heat Fund. In addition, there was a risk of damage to the building if the work was not completed.

Interest of defendants in not cooperating with activities

The defendants argue that, given their age and health, they are unable to clear out the crawl space. However, the judge rules that this is at their own expense and risk. They are obliged to cooperate in carrying out the resolutions of the meeting. If they are unable to do so themselves, they must engage someone else to do it for them. The defendants further argue that they do not consider the sustainability measures to be necessary. The court also dismisses this argument: as members of the owners' association, they are required to comply with legally valid decisions taken by the majority.

Judge: the starting point is the legal validity of decisions, unless otherwise specified

Another interesting aspect of the ruling is that the judge (rightly) assumed that decisions made by the owners' association are valid. This only changes if a judge has overturned a decision or ruled that it is null and void. The defendants put forward all kinds of arguments to show that the decision wasn't legally valid. For example, they said the notice period wasn't followed and that the law, statutory rules, and rules of morality and decency were broken. Furthermore, the board allegedly failed to adequately inform and consult the defendants about the proposed work. The defendants were also allegedly not sufficiently informed about the costs of the work. None of this is of any benefit to the defendants. The court ruled that none of this means that the decision is invalid:

“That will only be the case if the decision is overturned.”

As long as this has not happened, it must be assumed that the decision is legally valid:

“The starting point is that the decision of [plaintiff] of July 24, 2024, is legally valid.”

Balancing of interests favors the homeowners' association (and the other residents)

The defendants lose the case. The judge rules that the interests of the defendants do not outweigh:

• the interests of the other residents (who do want sustainability);
• the importance of continuing the work without delay;
• the importance of completing the work on time, in order to avoid administrative problems, additional costs, loss of a loan, and the risk of leaks.

That is why they are being ordered to cooperate. This means that they must grant access to their homes to the board and the contractor. In addition, they must clear out their crawl spaces. Because the members have so systematically refused to cooperate, the judge has attached a penalty of €1,000 to the judgment for each day that the judgment is not complied with. The judgment is also declared enforceable subject to availability. This means that the homeowners' association can immediately enforce compliance.

Lawyer enforcing compliance with homeowners' association decision

Lexys' attorneys can assist your homeowners' association if some members of the association refuse to cooperate in implementing homeowners' association decisions. Please contact us. contact if you want to know more about it.