VvE Payment Problems Solving | Legal Aid

Questioner

I am a director of a VvE, where 1 member has not yet made payment for recently performed major maintenance. I have now sent him enough reminders, all by email and they have all been ignored. The VvE has no articles of association, I am only registered as a director with the Chamber of Commerce. Can I already send a reminder and threaten with a collection procedure at this stage? Or should there first be articles of association in which the legal contestability of default is laid down?

Lawyer

Default and subsequent default are regulated by law, this does not have to be laid down in the articles of association. It may be a bit more difficult to demonstrate the legal basis of the claim, but I suspect that this can be demonstrated on the basis of correspondence and possibly minutes of meetings. You indicate that you have reminded sufficiently and now want to send a reminder. Reminding and sending a reminder are essentially the same thing, only the tone is different. If I were you, I would send a letter in which you give a final opportunity for payment of 14 days and also state the collection costs (including mention of that amount!). Then after 15 or 16 days you could start a collection procedure. Please feel free to contact me for this without obligation.