VvE decision annul? Legal advice!

Questioner

In our small VvE, the right to speak in person at meetings and to exercise the right to vote has been abolished. Our VvE (with model regulations 1992) consists of 4 apartment rights, each with 1 vote. Very recently, it was decided with 3 votes in favor (and only my vote against) to contract a digital management company. According to the contract, starting in 2018, one video conference will be held per year (with a standard time of 1 hour) and voting will be digital. I want to be able to speak in person and exercise my voting rights in the presence of (at least) a chairperson of the meeting. Long before the meeting, but also during the meeting itself, I pointed out (among other things) Article 36 of our Division Regulations: 'Each of the owners is entitled, either in person or by written proxy, whether or not a member of the association, to attend the meeting, to speak at the meeting and to exercise the right to vote (..)' The director (= 1 of the members) called that old-fashioned. As a result of the decision, no physical VvE meeting will take place in the presence of a chairman of the meeting as long as the contract is in effect (and nothing else happens). Can this decision be annulled or is the decision perhaps void? (Any information that can help me further is welcome).

Lawyer

In principle, the deed of division is the 'constitution' of an apartment building and consensus (joint agreement) is required for amendment. Should one member vote against, then one can request substitute permission from the subdistrict court. The rule of denial of voting rights based on art. 2:12 BW aims to ensure that personal interests remain outside the decision-making process and that an apartment owner cannot exercise his voting rights with regard to decisions in which he — other than in his capacity as owner — has a personal interest. As long as this is not stated in the articles of association, there is no legal basis for the decision taken and you can have the decision dissolved by the subdistrict court.