VVE Rental: Can the board refuse?


Questioner

We sold our house to someone who wants to let their own child and 3 other housemates live in it, by having it converted into non-independent living spaces. The house meets the requirements (in terms of sound and spaces). This buyer never asked permission from the VVE board and they now refuse to grant permission for the rental. Reason: it could cause nuisance again and landlords generally show themselves to be less involved and that is not good for social cohesion. This is the first time that the VVE board demands that permission be requested. In the apartment complex there are several homes that have been split into non-independent homes. However, the board now wants to get rid of that. They only took action when they got wind of this purchase. Can the VVE board now simply refuse the rental? Board refuses to participate in a joint discussion between VVE board, buyer and seller. There has been no official vote in a meeting. The VVE board has won some souls from residents who are against renting. But not all homeowners are aware of this plan and will agree with it. The buyer, and we as the seller, are at our wits' end. Can the VVE just decide this and is it legally valid?

Lawyer

In principle, yes, if provisions of the Regulation are violated. Only then can the actual deviation be examined, is it sustainable and systematic, in other words: is enforcement now completely out of line with the expectations raised? In that case, one could elicit a position on this in a new decision at a meeting.

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