When you buy an apartment in the Netherlands you automatically become part of a VvE owners’ association. Apartment owners collectively share ownership of the building. VvE membership is mandatory and you will have to abide by the VvE rules and regulations. Every apartment owner is automatically a member of the VvE owners’ association. You cannot opt out or end your VvE membership unless you sell the apartment. Then the new owner will automatically join the VvE.
The VvE manages the care of the building and serves the owners’ communal interest. This includes topics like maintenance, insurance, etc. All VvE’s are bound by Dutch rules and regulations. Individual VvE’s can have additional rules set in the “splitsingsakte” deed of division and “splitsingsreglement” property division regulations. These rules are legally binding. Non-compliance, such as non-payment of the mandatory financial VvE contribution, could eventually even result in losing the apartment.
Notaries have drawn up standard deeds of division. Most commonly used are the Modelreglement 1973, Modelreglement 1983, Modelreglement 1992, Modelreglement 2006 and Modelreglement 2017. The “model reglement” in the “splitsingsakte” deed of division will continue to apply even after newer versions become available.
Rules and regulations
The “splitsingsakte” deed of division and the “splitsingsreglement” property division regulations contain rules and regulations regarding the management and maintenance of the building and the VvE board. Individual VvE’s have different rules so it is very important to know the “splitsingsakte” deed of division and the “splitsingsreglement” property division regulations that apply to your apartment. The “splitsingsreglement” property division regulations include things like your share in the communal ownership (“breukdeel”); finances, debts and costs; reporting and keeping notes; insurances; use, management and maintenance of the shared parts of the building; violations; selling the apartment; statutes (meetings, board, committees); and internal regulations.
VvE’s are governed by a board. This board works according to the law, according to the “splitsingsakte” deed of division and / or according to decisions made by the VvE meeting. VvE meetings are held periodically and each VvE member (each apartment owner) has the right to vote.
The VvE board does not have to be made up of VvE members, unless the “splitsingsreglement” property division regulation says it should be. The VvE can also hire an external manager to take over some of the VvE board’s duties and large VvE’s often choose to do this. The VvE board is then made up of one or more of the VvE members, but the external manager executes various tasks on behalf of the VvE.
The VvE is funded by the members, the owners of the apartments. Membership is mandatory, and so is the financial contribution. Non-payment could even result in losing the apartment. VvE’s are obliged to build sufficient reserves to do the necessary maintenance to the outer shell and the communal areas of the building such as the roof, the lifts, the stairwells and the walkways.
Free advice by !WOON in Amsterdam
So, if you own an apartment in the Netherlands you need to know about your VvE owners’ association. !WOON gives information and advice, and holds regular seminars on VvE’s (in Dutch), free of charge. For dates and places please check the !WOON calendar: https://www.wooninfo.nl/agenda/ More information on VvE’s (in Dutch) is available on the !WOON website https://www.wooninfo.nl/vraagbaak/vve/