VvE Board and Term of Office: Your Questions Answered

Questioner

I am a member of a VvE. The VvE has a set of House Rules. With regard to the term of office of the board, the following is stated: : The meeting elects the board. The board elects a chairman from among its members. and then arranges the division of tasks within the board with regard to the other administrative tasks. The board members are appointed for three years and are (immediately) eligible for reappointment. They can be dismissed from their position by the meeting at any time. With a view to continuity, simultaneous resignation is avoided if possible. The applicable model regulations (1992) state: The meeting shall appoint a chairman, either from among the owners or otherwise. For the first time, the chairman may be appointed by deed. Unless otherwise determined at the time of appointment, the chairman is appointed for an indefinite period. He may be dismissed by the meeting at any time. Should I view the HHR as a further elaboration of the regulations or is it in conflict with them? In other words, are the board members appointed for three years or not? Thank you in advance for your response

Lawyer

Since the model regulations include 'unless otherwise determined upon appointment', it is defensible that the appointment takes place in compliance with the rules regarding this included in the internal regulations, i.e. for a period of 3 years. In my opinion, the internal regulations are an elaboration of the regulations and are not in conflict with them, although strictly speaking, when appointing a director, it must be determined that the term of office is 3 years in accordance with the internal regulations. Even if the latter is not stated in so many words in the decision appointing the director, I am of the opinion that there is a term of office of 3 years.