If there is a dispute with your Home Owners Association (VvE) and you disagree with a decision taken by the meeting, you can have this decision annulled by the subdistrict court. We advise you to keep an eye on the terms that apply. They are short, and also fatal.
When is it wise to engage a lawyer to solve problems within the VVE or to prevent further escalation of a conflict?
If a dispute exists or is imminent with your Home Owners Association (VvE) or the VvE administrator and / or you disagree with a decision taken by the meeting, you can legally oppose this. For example, you can have a decision of the HOA quashed by the subdistrict court. We advise you to keep a close eye on the short periods that apply for this. They are short and also fatal. Furthermore, this takes a lot of preparation time in complex cases, so keep a close eye on the deadlines.
In legal proceedings involving an Owners’ Association (VvE), it may be wise to have your interests handled by an experienced real estate attorney from JAW Advocaten. Disputes can arise, for example, about decisions of the VVE, the multi-year plan, disagreement about the division regulations, disagreement with the contractor established by the VVE.
Short terms in VVE disputes: also on appeal
- Article 5: 130 paragraph 1 of the Dutch Civil Code (BW) stipulates that you can submit a request to the Subdistrict Court within one month of the day on which you became aware or were able to take a decision of the HOA. that decision to destroy.
- The term to appeal is also very short. This is mentioned somewhat hidden in 5: 130 paragraph 3 BW. Contrary to many other civil proceedings, the appeal period is one month and the period starts one day after the judgment (this judgment is called “decision”) of the subdistrict court
When is a lawyer mandatory for a VVE procedure?
A lawyer must be engaged in all legal proceedings in which the parties “cannot litigate in person”. In principle, this is always the case for HOAs, except when it concerns a request for annulment of a decision, a request for replacement authorization or a collection case with an interest of up to € 25,000. In all other matters – for example requesting a statement of law that a decision is null and void, a request for eviction, a claim for compliance with the division regulations or in a dispute with the HOA manager or contractor – a lawyer is required.
Therefore please direct contact with the real estate specialists of JAW Advocaten if you have any conflicts with, or within, your VVE and you need legal support in this regard. wishes.