Space is scarce. Not for nothing are more and more apartments built on top of each other to meet the need for housing. Inherent to this way of building is the emergence of more and more homeowner associations, in Dutch: Vereniging van Eigenaars (VvE). Homeowner associations have the authority to regulate a wide range of activities that affect the shared amenities and even private portions of the community. A typical homeowner association (VvE) may regulate: renting, pets, flooring, exterior modifications, noise, business in private portions, maintenance of common areas etc.
The bylaws of the association along with covenants such as the ‘splitsingsakte’ or “huishoudelijk reglement” of the VvE , codes, and restrictions (CC&Rs) are something that can vary considerably and include, among others, how the VvE holds meetings and how many votes are required to adopt a VvE resolution. Despite these rules and regulations, disputes often arise between the homeowner association and the individual homeowners.
The bylaws of the association may contain a clause for settling disputes, e.g binding advice, mediation or arbitration. Apart from that, the local court is always competent to deal with a VvE dispute.
Today, not only apartment buildings are split into apartment rights, so are holiday parks. But even if they only have a “regular” owners’ association, questions may arise, such as: what happens if one of its members retires?
Our property lawyers are highly experienced in advising and litigating in disputes concerning owners’ associations. They can help you with any issue related to owners’ associations . Boards, housing associations and owners’ association have come to the right address when dealing with any of the above matters.
Frouke studied Dutch law at the University of Groningen. She worked as a lawyer at an accountancy firm and as a lawyer at a law firm in the North. In addition to her work, she is an external Ph.D. candidate at the University of Groningen where she conducts doctoral research into the position of titleholders in international insolvency proceedings from an international private law perspective.