These are the 4 most common legal misconceptions about VvE

About Owners associations (VvE) are a lot of misunderstandings. Lexys Lawyers specializes in VvE law and created a video about the 4 most common misconceptions about CoE. The first one may surprise you, but it gets right to the heart of the matter: namely, the distribution of costs in a multi-owner building.

1. The owner on the first floor does not have to contribute to the cost of the elevator

In the deed of division of the association states how much each owner must contribute to the common costs. Sometimes this stipulates that only a certain group of owners is responsible for certain costs. For example, regarding the cost of an elevator, only the owners who use it bear the cost of it. But if nothing is explicitly stipulated in this regard, then all owners must contribute to the costs. Even if that feels unfair. The meeting may therefore not simply decide to apply a different allocation key. Such a decision of the association is void.

2. You can seek annulment of an association decision at any time

If you disagree with a VvE resolution, you need to act quickly. This is because the time limit to request the annulment of a VvE resolution is short. In principle, you have only one month from the moment you took note or could have taken note of the decision. Many apartment owners go with this into the mist. If you file an annulment request too late, you will be declared inadmissible. Unless the decision is null and void, there is then nothing you can do against it.

3. A decision in the CoE is always valid if it is taken by the appropriate majority

A resolution that violates the law or the subdivision deed is void. Even if everyone agrees with that resolution. A void resolution, is deemed not to exist. For example, in the situation where the VvE decides to allocate costs of the elevator to certain owners, while the deed provides otherwise, a void decision is made.

4. As an apartment owner, you own your private portion

As an apartment owner, you have a share in the building and a exclusive right of use of a particular private part. Thus, you own the entire building together with all the other owners. Of your apartment, however, you are not an owner. You only have a right of use. It is true that this is an exclusive right, but that does not make you an owner.

Legal misconceptions about CoEs

In our practice, we see many such misconceptions about VvEs. This is because VvE law is quite complex Our lawyers therefore advise many VvE boards and professional managers on complicated issues. In this way, we prevent disputes and even court cases.