Precedent in the CoE: here's how it works!

Precedent in the CoE: here's how it works!

Many Owner Associations (VvE ‘s) face the same dilemma. What if they were the one owner give permission for the installation of an air conditioner or a roof terrace, does this automatically mean that the CoE must also give that permission to other owners? In other words, does giving permission have precedent? Real estate law attorney Robert van Ewijk specializes in complex VvE issues and discusses below what the situation is with precedent setting in the VvE.

Testing framework: reasonable cause for refusal

If an owner does not receive the permission required from the VvE for an air conditioner or roof terrace, for example, they can go to court replacement authorisation ask for it. The court then tests whether there are reasonable grounds to refuse permission. In doing so, the grounds put forward by the VvE are tested for reasonableness. If the cases are comparable, it may well be that the grounds for refusing permission also existed in the other case (in which permission was granted). It could well be that that land is not reasonable to refuse permission in this case. After all, in the earlier case, it was not a ground for the VvE to refuse permission. Nevertheless, it is not the case that owners can derive rights from permission given to another owner. Thus, precedent is not without precedent. This is as follows.

No precedent: reassess each case

Indeed, the VvE will have to assess each request for permission on its own merits. In doing so, all the circumstances of the specific case must be taken into account. In doing so, the VvE will determine whether one case is comparable to another. While the mere fact that another owner was granted a certain permission at an earlier stage may be relevant, it is not decisive. On the other hand, the fear of precedent by the VvE is insufficient to refuse permission. Precisely because case law has ruled that there is no question of precedent, the fear of it is therefore not a reasonable ground.

VvE lawyer in apartment law dispute

If you want to know whether the CoE can refuse or should grant permission in a specific case, or if you, as an apartment owner, would like to request substitute authorization, please take contact with the real estate and condominium law specialist at Lexys Lawyers.