VvE Payment Arrears Resolve

Questioner

We are a small VVE of 16 apartments. 1 member has a payment arrears of approx. 4 years. In the meantime, payments were made to the collection agency, which transferred the payments to the account of the accountant, but he has passed away. No action was taken by the VVE to collect those payments. Just like the new administration office that takes care of the financial part, has not been successful. All other owners agree that the member in question should be expelled and in case of non-payment, seizure/eviction is desired. What is the correct procedure we should follow? Thank you in advance for your response.

Lawyer

I think it would be advisable for you to hire a lawyer to take this on for you. If the articles of association and/or the deed of division contain procedures, they should be followed, but otherwise the collection and any seizure should be dealt with expeditiously. If desired, I can help you with this.

Lawyer

The route to be followed to deprive a member of the use of his apartment right is described in the deed of division and applicable regulations. Legal proceedings to collect the amount owed can also provide relief. I am specialized in apartment law and have extensive experience with both procedures. If desired, I am happy to assist the VvE in this matter. If you have any questions or require legal assistance, please feel free to contact me without obligation and free of charge via the direct contact button in this response.