VvE Rental Ban: Your Rights and Actions

Questioner

Dear reader, In our opinion, our VVE made a null and void decision last year. Include rules regarding private areas in a House Rules. After the meeting, we informed the board in writing that this decision was null and void and that we would therefore not act accordingly (renting out our apartment during our vacation). Our deed of division does not offer the possibility of including these kinds of matters in a HH Regulation. The deed of division does not state anything about not being allowed to rent out. We also pointed out to the board that if they want to prohibit this, the deed of division must be amended. They find this too expensive. Now we recently had another meeting and the board announced that they would not care about the fact that the decision is null and void in our opinion. It is now in the Rules of Procedure and we have to adhere to them. Are we in the right? What is the best thing to do?

Lawyer

It is true that such a rental ban does not belong in the HHR. The law (art. 5:120 section 1 BW) states that every owner is free to allow a third party to use his or her apartment. Rental also falls under this, so the starting point is that the VvE may not prohibit rental. This also follows from the division deed and division regulations of the VvE. A provision that conflicts with this is null and void. Now that the board of the VvE apparently does not take your justified position into account, you would be wise to ask the court not to declare that provision. I specialize in apartment law and, if desired, I would be happy to advise and assist you further in this matter. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.

Questioner

Another small addition, it has been included in the HH Regulation: Rental, shorter than a month, is considered short stay and is NOT allowed. Does this change anything about the matter?

Lawyer

In various judicial decisions it has been determined that short stay has a commercial character and that the short stay rental of an apartment is in conflict with the 'residential' destination. A ban on renting out apartments in this way can therefore be included in the internal regulations. Such a provision is not in conflict with the deed of division, but rather contributes to preventing use of the apartment that is in conflict with the deed of division. If there is only incidental temporary rental (only during your holiday), this does not have to be in conflict with the deed of division. What is important here is how regularly this takes place. Whether this is permitted depends largely on the circumstances of the case.