Void or voidable VvE decision

CoEs are run democratically. The majority of owners in a CoE can make decisions that the minority is then bound by. This can have unpleasant consequences for that minority. For example, if they fundamentally disagree with the decision, or are disadvantaged by it. Fortunately, there is a correction mechanism for such cases. In this article, Lexys Advocaten explains how this works.

Void CoE decision: declaration for law

If a decision has been made that violates the law or the subdivision deed, for example, the court can be asked to rule that the decision is null and void. It will then be deemed not to exist and the aggrieved owner will no longer have to comply with that decision. Void decisions include, for example, a decision by the VvE to place a common thing in an owner's private area. Another example is the decision that the owners' contribution will henceforth be calculated on a different basis than stipulated in the regulations.

Void association decision

With decisions that are in principle valid but unreasonable, things work slightly differently. Such a decision can be submitted to the court with a request to annul it. The decision continues to exist and is valid until the court annuls it. This happens if the decision violates the provisions of the regulations that prescribe how decisions should be made or if the decision violates reasonableness and fairness.

Time limits in the event of an invalid VvE decision

In principle, if the VvE has passed a void resolution, that voidness can always be invoked. It does not even require a court ruling. Nevertheless, that ruling can be nice, for example, to prevent enforcement of the resolution. No specific time limits apply to requesting a legal declaration that a resolution of the VvE is null and void, except for the ordinary limitation period. The legal declaration is sought in a subpoena proceedings.

Destruction requests of VvE decision

In the case of a voidable decision, the situation is slightly different. For that, the law stipulates that a request must be made within one month after the applicant learned or had the opportunity to learn of the decision. So that deadline is quite short. All the more so when you consider that judges are strict when it comes to whether the request was made in time. After all, the moment when you could have taken note of the decision begins the day after the meeting, If you knew that meeting was going to take place.

Concurrence with other VvE proceedings

The application for annulment can coincide with the claim to declare that a decision is void. For example, if you find that there are both reasons to believe that the resolution is unreasonable and reasons to believe that it violates the law or the act. It may then be wise to lie for both anchors. In addition, a request to set aside a decree, may coincide with a request for a replacement authorisation.

Lawyer for nullity or annulment of association decision

Lexys Lawyers have years of experience advising and litigating on void and voidable VvE resolutions. Visit contact with them to find out what they can do for you.