in this day and age.Do you have a dispute with your owner's association? Do you disagree with an owner's association decision? Do you want to activate a dormant owner's association? Would you like advice on the various obligations of an owner's association? Or do you want to know whether your owner's association meets all legal requirements? These are just some of the many questions that arise within an Owners' Association.
Owner's association law covers all problems within an owner's association (between owners) as well as owner's association problems with other parties (e.g. contractors, managers or insurers). Our owner's association lawyers therefore advise on all common aspects of this area of law. For example, they can enter into discussions on your behalf with (the board of) the owner's association or, on behalf of the owner's association, with one of the flat owners. With a conversation, many disputes can already be resolved. If a dispute cannot be settled out of court, we will adequately conduct legal proceedings on your behalf. This may range from setting aside an owner's association resolution to requesting a substitute authorisation for, for example, a renovation. Furthermore, we assist owner's associations in proceedings against individual owners or other parties. You can also contact us for assistance in setting up or activating an owner's association and for a check whether your owner's association meets all legal requirements.
Do you have questions about VvE law or are you looking for an experienced owner's association lawyer? If so, feel free to contact us.
The owner's association takes care of the management and maintenance of the common parts (the joint property of the flat owners) of a building or other common property.
A flat owner has the following rights:
A flat owner has the following duties:
The applicable rules within an owner's association follow from the law, the division deed, the applicable model regulations and (if any) the internal rules and regulations.
Whether something is a shared or private part is something each owner's association can determine for itself. This is recorded in the division deed. If nothing is recorded regarding a certain part, then it is common. That is the starting point.
A decision that violates the formation requirements or the principles of reasonableness and fairness may be challenged. In the latter case, a balancing of interests is required.
A resolution which contravenes the law, the articles of association or the deed of division, or where there are fundamental defects in formation, is void.
You are a member of the owner's association by operation of law. As long as you still own the flat, you cannot cancel your membership of the owner's association in the interim.
The maintenance of trees and shrubs along a property line is often a point of contention between neighbors. A recent decision by the Court of Appeal in Arnhem-Leeuwarden highlights the importance of being cautious when it comes to strict pruning. Read more in our blog.
