VvE light boxes: rights and obligations clarified

Questioner

The board of the VvE (name and location anonymous) has a question for you. The above VvE consists of 4 residential/shop units. On the ground floor there is a shop and above that there are 3 apartments. Now that the shop has a new owner (since May of this year, the former Home Furnishings have been transferred to a Thrift Shop of a local foundation), the owner in question decided to remove the existing light box advertising on two facades and to replace them with two other light boxes on the facades. This was done without putting it to the vote during a VvE meeting in accordance with Article 13 of the Model Regulations. In addition, the light boxes emit light at the top and since this is in conflict with Article 6 of the same regulations, the board is of the opinion that this should still be put to the vote during a VvE meeting. Is the board entitled to demand this from the new owner of the shop?

Lawyer

Thank you for your question. The applicable division regulations usually stipulate that it is not permitted to place nameplates/advertising boards visibly in or on the building without the permission of the meeting. The meeting's permission was therefore required to replace the existing light box with two new light boxes. Since this permission is lacking, you as the board can take enforcement action against the new owner by applying your powers and demand that the light boxes be removed.