Decision of association on private part is void

Decision of association on private part is void

In a recent ruling, the court Zeeland-West Brabant decides that a decision by a Owners Association (VvE) is null and void. The HOA had decided to place benches in the entrance hall of one of the buildings. However, because that entrance hall is part of a private area, the HOA meeting was not authorized to make a decision on this matter. Therefore, that decision was Homeowners' association decision invalid, according to the court. Real estate and homeowners' association lawyer Robert van Ewijk explains how the court arrived at that conclusion.

Decision of the owners' association concerns private area

The homeowners' association in question manages a care center consisting of several buildings. These buildings are divided into apartment rights. Each building forms the private area of an apartment right. At some point, the HOA meeting decides to place seating areas in the entrance of the various buildings: in the private area in question. One of the owners disagrees with this. He goes to court and asks for the annul the decision. 

Special case, but the basic principle remains the same

The case before the Zeeland-West-Brabant District Court was a special case. According to the ruling (see paragraph 4.5), the owners' association itself was the owner of the private area in question. However, according to the judge, the owners' association meeting is still not authorized to make decisions about that private area: in this case, that is the responsibility of the board, according to the court. I doubt whether that ruling is tenable, but as far as I am concerned, the essence of it remains valid. The meeting of an owners' association is not authorized to take decisions about private areas.

The plaintiff loses the lawsuit after all.

In this case, the petitioner still loses the lawsuit. This is because he only requested that the decision be overturned. The judge states that this is only possible if a decision has been made. A decision that is null and void does not exist and therefore cannot be annulled. Because the applicant did not also request a declaration that the decision is null and void, his request is rejected and he is ordered to pay the legal costs to reimburse the homeowners' association.