The apartment right is a specialised area of law in the Dutch Civil Code, where conflicts abound. These conflicts often arise within the Dutch Owners’ Association (VvE), of which every apartment owner automatically and mandatorily is a member.
The VvE is a special type of association with its own board and members consisting of apartment owners. The board positions are not always adequately fulfilled, however, which can cause conflicts within the Association.
Another frequently occurring situation is when a majority owner (an apartment owner that represents a majority of the votes) thinks they can force through every decision in the general meeting. Contrary to popular belief, minority owners can also stand up for their rights by challenging decisions in Court. There usually is, however, a very short period of one month after announcement of the decision to have the decision annulled by the Court.
We have ample knowledge of and experience with apartment right. The following disputes are the ones we frequently see in our office:
– Dismissal/appointment of board members
– Disputes about the formalities and voting in general meeting
– The annulment and/or nullification of decisions by the board and/or general meeting
– Obtaining substitute authorisation from the District Court to carry out certain actions within the Dutch Owners’ Association (VvE)
– Fraud cases against (former) board members of an Owners’ Association (directors' and officers' liability)
– Modification of the deed of division of the Owners’ Association (VvE)
– Disputes over the common and private property
– Establishment fractions and monthly contributions
– Permission for refurbishments/alterations
– Disputes over the lease of an apartment right