VvE Legal Questions Answered

Questioner

I live in an apartment with a homeowners' association. The homeowners' association sent me an email asking if I agree to install two receivers with a purchase price of €850 for opening and closing the main entrance. After approval by a majority, this will be paid by the homeowners' association. A transmitter must be paid for by the resident who wants this and has a price of €60, The fact is that this automatic door opener is intended for a small number of residents of the 64 apartments, but the housing association has the most voting rights with 40 apartments. Now I am of the opinion that such an expense item should never be paid from the finances of the homeowners' association, because it is intended for, among other things: * preventive and/or corrective maintenance of the building and the garden of the building; * maintenance/service contracts * insurance * energy costs for the common areas of the complex * build up a buffer for a reserve fund Does anyone know if there is case law stating that this is illegal. I am indirectly saddled with costs for a specific person who is in need of help. In my opinion, this should be paid by that person himself when the VVE agrees to such an adjustment of the building.

Lawyer

The costs of making such a general provision can be charged to the VvE if the owners agree to the installation of these receivers. The decision to do so must be taken either in the meeting by a simple majority of votes or by unanimity of votes outside the meeting. A majority decision taken outside the meeting is null and void.

Questioner

Thanks for your reply. Because this is a mailing, this is indeed outside a meeting, so in principle it must be voted unanimously. Since I vote against, this would mean that it cannot proceed in this way until a meeting is held. Nevertheless, I find it strange that something like this can be recovered from a homeowners' association. For example, if I want a swimming pool in our garden and I find a majority, should that also be facilitated?

Lawyer

It is inherent to the VvE law that the majority has the power. The minority has been given a number of legal possibilities to oppose this.

Questioner

Thank you for your answer. Can you tell me which article of the Civil Code this relates to, or perhaps there is (although I am not aware of it) case law on this. The fact that this is a decision that is not taken in a meeting but via a mailing gives me the opportunity to object. The decision should then be moved to an official meeting, if I understand you correctly.