VVE and Catering: What are your rights?

Questioner

I am a member of a VVE with four members. Two of the members are in favor of a catering establishment on the ground floor, and the other two members are not. The municipality has already given the green light when it comes to the application in principle. However, an exemption from the zoning plan must still be obtained given the fact that it currently has a shop permit. The VVE deed of division allows it to be a residential/shop or business space. How broadly should I view the concept of business space? The general regulations state the following: the apartment entitles to a home with shop, place and associated business space. Could catering fall under that?

Lawyer

The term 'business premises' as a destination in the deed of division must be understood to mean: business premises as permitted by the government on site. This means that if the municipality permits catering on site, this is also in line with the destination given in the deed of division. I assume that there is no ban on catering in the deed of division. However, it is questionable whether the adjustments that are necessary to make the space suitable for catering may be made without permission from the VvE. Often, ducts must be made through the (shared) roof or other common items to make the space suitable for catering, for which permission from the VvE is required.