Change VvE Manager? Discover the Possibilities!

Questioner

As the board of our VvE, we want to change the authority of our VvE manager from -solely/independently authorised with restrictions- to -jointly authorised-. We have tried to implement this via the website of the Chamber of Commerce (form 16). The response was that this is not possible because in this legal form all directors are ALWAYS solely/independently authorised. The question also asked via the website of the KvK gave a different answer: it is possible after permission from the AGM. The owners must then provide a copy of their ID. It is all a bit unclear. Is it possible or not and if it is possible how should we act?

Lawyer

How do you see that for you? For example, do you want that with 16 owners they all also sign with, for example, a painting company? In fact, 1 or 2 signatures would suffice, but taking into account the following: The highest body within a VvE is the general meeting. The director is the point of contact and implementer of the policy of the general meeting. The restrictions of the director can be laid down in the resolution of the general meeting. These can also be arranged in the budget. The director may not (!) work outside of this. The director must be accountable. In addition, you must check whether the deed of division allows you to appoint multiple directors. Book 5 stipulates that 1 director may be appointed unless the deed of division allows more.

Lawyer

I assume that 'VvE manager' refers to the director. If the director's authority is not limited in the deed of division, it is not sufficient to limit the authority in a resolution of the general meeting. After this resolution has been taken, the deed of division must be amended in accordance with this resolution.

Questioner

My question was whether changing the authority of the VVE manager to joint is now possible or not. This is in view of the contradictory answers from the KvK. You did not answer that question.

Lawyer

It is possible, but this requires that the articles of association of the VvE as included in the deed of division be amended, as I already indicated in my answer.