VvE

The division deed of an owners' association (VvE) usually uses one of the model regulations. These contain a collection of standard rules for the management and use of the apartment complex. The model regulations are used as the basis for the VvE's division deed. Among other things, the subdivision deed determines what is common and private within the...

In a ruling last Tuesday (ECLI:NL:GHDHA:2025:2012), the Court of Appeal of The Hague determined that the board of a small Owners' Association (VvE) was rightly dismissed. In doing so, the Court also granted substitute authorization to appoint a new board. But is that even possible? The Court of Appeal itself seems to think so....

In a ruling in late 2024, the Court of Appeal of The Hague (ECLI:NL:GHDHA:2024:2205) ruled on the correctness of a first instance order of the subdistrict court. In that ruling (ECLI:NL:RBROT:2022:11370), the subdistrict court granted a substitute authorization to install a roof structure. The court drew a line under this plan: a substitute authorization can conveniently...

On February 25, 2025, the Arnhem-Leeuwarden Court of Appeal (ECLI:NL:GHARL:2025:1071) ruled on a dispute resolution provision in the division regulations of a VvE. An apartment owner came into conflict with the VvE over renovations to her home. The VvE went to the subdistrict court. In itself nothing out of the ordinary, were it not for the fact that in the subdivision deed of the apartment complex there is a...

The Amsterdam District Court has overturned a number of VvE resolutions because the meeting took place in the wrong municipality. This follows from a judgment published yesterday (ECLI:NL:RBAMS:2025:4860). The VvE's subdivision deed states that meetings must be held in the municipality in which the building stands. However, the administrator of the VvE did not comply with that...

Storage as living space: is it allowed under the VvE rules? Suppose you have a home in an apartment building and a storage room in the attic. Can you use that storage room as an extra bedroom or study? Of course, that would be beneficial: you create additional living space, the value of your apartment increases because the living space is...