VvE

Renewability in mixed condominiums: what is the position of the tenant? The sustainability challenge for apartment complexes is great, but the legal road to it is often complex. In particular, the preservation of ‘mixed’ Owners‘ Associations (CoEs), where both owner-occupants and tenants live, regularly creates a legal area of tension. For although the CoE decides on the joint...

These are the 4 most common legal misconceptions about VvE There are a lot of misconceptions about Owners' Associations (VvE). Lexys Advocaten specializes in VvE law and made a video about the 4 most common misconceptions about VvE. The first one may surprise you, but it gets right to the heart of the matter: namely, the distribution of...

VvE tip: this is how to take a legally valid decision on topping up The Netherlands faces an immense housing challenge, and ‘optop constructions’ - adding residential layers to existing complexes - are hailed as an efficient solution. They save building land and often provide opportunities for sustainability and renovation of the existing building. In 2024, therefore, a ‘National Approach...

The Arnhem-Leeuwarden Court of Appeal ruled that a notary was liable for an error that caused 138 apartment rights to lapse (ECLI:NL:GHARL:2025:4774). The notary had in fact passed the deed that regulated this, and in doing so had violated his duty of care and warning. Notary amends subdivision deed on behalf of VvE The notary had passed the deed in 2016 on behalf of...

In a recently published ruling, the Rotterdam District Court (ECLI:NL:RBROT:2025:13219) ordered two members of a homeowners' association to cooperate with sustainability measures. These measures were decided upon in 2024, but two members refuse to clear out their crawl spaces. This is necessary, however, because only then can the required insulation be installed. The homeowners' association is therefore initiating summary proceedings...

Building liability and the homeowners' association: here's how it works! As a homeowner, you know that you can be liable for damage caused by a defect in your home. Think, for example, of a loose roof tile that causes damage to your neighbor's car during a storm. In such a case, you are liable as the owner. That...