VvE Decision and Division Deed: Your Legal Question Answered

Questioner

On April 12, the members' meeting of the VVE decided in an extra members' meeting not to agree with the change in the deed of division (62% for, 27% against and 1% blank). For such a decision, an 80% majority is required; so the decision is not enforceable. The board really wants to implement this, puts the members under pressure under the guise that it will otherwise cost the VVE € 24,000,= and took a decision during the ordinary AGM, which was not on the agenda to put this change to the deed of division to the vote again. I think that the decision of the members' meeting of April 12 is not being done justice here. Can this just happen..??? And what is the best thing to do about this...??? I would like to hear from you..

Lawyer

A decision of the VvE can always be 'overruled' by a later decision. However, the requirements for summons and decision-making must then be met. In many cases, deeds of division and regulations stipulate that only subjects that are previously stated in the summons may be discussed at a meeting of the VvE. If this is not met, the decision is voidable or even null and void. If you would like to know more, please send me the deed of division and the internal regulations.

Questioner

Thank you very much for your response; where can I send the deed of division and the model regulations for the owners of residential property 1992..?? I would like to hear from you.. For the sake of completeness, I would like to mention that the proposals for amendment are identical and that there are less than 6 weeks between one decision and the decision yet to be taken. Have a nice day,

Lawyer

Good morning, you can click on the 'direct contact' button next to my reply to this message. I will then receive an email with your address and will contact you.