Legal Advice for VVE Questions

Questioner

I would like advice on the following. My case concerns a small VVE with 4 owners. Early 2013 we had the deed of division adjusted and the owner of the 3rd floor (HS, I, II, III) was given our attic spaces for a fee. His goal is/was to make an extra floor of this attic space and to rent it out, for which permission was also granted by the VVE. However, this work was delayed for several years and only started in mid-2017. Until then, partly due to the vagueness of the VVE, 4 fractions have always been assumed. This for both the monthly contribution to the VVE, and for a few one-off additional contributions to have some larger repairs carried out. In fact, the other members of the VVE now want to adjust the distribution key retroactively from the effective date of the splitting to 5 fractions, of which the owner of the third floor then takes 2/5 for his account. Of course we want to do this in good consultation as much as possible, but I would like to know what our rights are in this.

Lawyer

There is an undue payment by four members to the 5th, this can be claimed back up to five years.

Lawyer

For a change of the fractions, a change of the deed of division is again required. The decision to do so can be taken with a 4/5 majority or 80% of the votes. If in the current meeting each owner has 1 vote, then all owners will have to agree. I can imagine that the owner of the attic floor is not prepared to do this and will vote against. A substitute authorisation can then be requested from the subdistrict court to convert the negative vote into a positive vote.