VvE and additional costs: Your rights explained

Questioner

I have an apartment in a small building, the VvE consists of 5 owners. The roof needs to be replaced and now the other 4 owners have decided to also install insulation under the roof, this costs 10K Euro extra. Because the VvE did not provide for the costs for the insulation (but did provide for the costs for replacement) they now want to charge this separately. In this case I have to pay approximately 2000 Euro extra. Can a VvE, by means of a vote at a meeting, oblige other participants to make large one-off contributions? Am I obliged, if the majority decides, to contribute to an improvement from which I myself do not benefit?

Lawyer

It is indeed the case that the VvE can decide in the meeting to carry out work for which the members must pay an additional contribution. You are obliged to contribute to this. The roof is communal, so that the joint owners share in the costs of roof maintenance and any necessary renovations. Now that you do not agree with this decision and doubt the necessity of the insulation, you can apply to the subdistrict court to have the decision annulled. The subdistrict court will grant this request if it appears that the decision to install insulation is contrary to reasonableness and fairness. This is the case, for example, if you can demonstrate that the insulation is not strictly necessary. Please note! In order to be able to annul the decision, you must submit a request to the subdistrict court within 1 month after the meeting at which the decision was made. If desired, I am happy to assist you in this matter and to draw up this request.