VvE Problems? Ask for Legal Advice!

Questioner

I live in an apartment complex in Kerkrade. Since 2014 we have a management company for the Vve. I and several people have bought an apartment. We still have 1 large owner (+/- 51 homes out of 100). Early 2014 our previous administrator was unfortunately overloaded. The new management company has since been working on completing the 2014 documents. Partly because we moved to a different bank account mid 2014 at the request of the new company. The previous bank account is apparently difficult for the new company to view. As a result, we have still not received annual accounts for the years 2014/2015 and 2016. What is the best thing we can do?

Lawyer

You must urge the board in writing by means of a formal notice to quickly draw up the annual accounts for 2014, 2015 and 2016 and have them approved by the AGM. After all, annual accounts and an annual report must be drawn up after the end of each financial year.

Questioner

We and the board have already made several requests for these annual accounts, but without result because documents from 2014 are missing (transition year to new administrator and the old administrator is overloaded). what also makes it more difficult (unfortunately) is that there are also people who have consciously or unconsciously not paid for several years and who have not been informed of this by our administrator since 2014. But I also wonder who is in charge of our Vve. The board or the management company? At least according to the law.

Lawyer

Then I advise you to seek legal assistance and have a lawyer/jurist write a letter in which the board is addressed on this. It is also in your interest that the annual accounts are established and outstanding contributions are collected. If the contributions remain unpaid, they can be divided among the other owners. The board of the VvE is in charge, or at least should represent the VvE and look after the interests of the (joint) owners. I am specialized in apartment law and, if desired, I would be happy to assist you in this matter. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.