Solving VvE problems | Legal aid

Questioner

I am a member of a VvE. In this VvE, a group has united so that they have a majority of votes at every meeting. They work with authorizations. In fact, the situation is such that this group has the VvE in a stranglehold. So there is actually no point in attending the meetings anymore, and that is exactly what you see happening now. This group consists of 90% investors who do not even live in the apartment themselves. So there is currently a situation in which non-resident investors determine what does and does not happen within the VvE. Can anything be done about this?

Lawyer

The VVE statutes determine what the rules are; if they adhere to these, there is in principle not much that can be done. However, it is always the case that the VVE, if it takes decisions that restrict the rights of a member in such a way that damage occurs, it can be held responsible for this. So make sure you read the articles of association carefully, or have them read through, and do not hesitate to claim damages if they occur.

Questioner

What do you mean by claiming damages? I will give an example: recently a new manager had to be chosen. There were multiple quotes. Party X was chosen, but this could have been predicted in advance. There were offers that were lower. Is the difference between the lowest provider and the chosen provider now my damages that I can claim. I, but of course several owners, do not feel comfortable in this situation because we are being dominated. After all, damages are also difficult to express in money. By the way, I do not want to claim damages at all. I want a properly functioning VvE where every vote counts. By the way, this situation is due to the fact that a few investors own multiple apartments, which means they also have multiple votes. If they simply had 1 vote per person, this kind of excesses would not occur. I am aware that this is taken into account in the most recent division deeds, but existing VvEs naturally have no use for this.

Lawyer

Unfortunately, I have to agree with you. The rules give you little support to realize your wish. You have to rely on other ways to achieve your goal.

Questioner

we agree and i am back to my question. what can i do to turn this unwanted situation around?