A VvE with two apartments: how to handle it, even when you disagree

Short answer: even a building with only two apartments has a full VvE, with the same legal obligations as a large complex. The VvE must be registered in the KVK Business Register, keep a reserve fund in its own account, insure the building as the regulations require and have a board. The biggest risk with two owners is deadlock. For that, there is a way out through the subdistrict court (kantonrechter).

Even as two owners, you are an association

Has your building been divided into apartment rights, for example an upstairs and a downstairs flat? Then there is a Vereniging van Eigenaars (owners' association). The VvE is a legal entity (article 5:124 BW) and every apartment owner is a member "by operation of law" (article 5:125(2) BW). You cannot opt out, and the VvE does not stop existing because you arrange everything informally between you.

What do you have to arrange?

1. Registration with the KVK

Every VvE must be in the Business Register (article 6 Handelsregisterwet 2007). According to the KVK, this also applies if all apartment rights belong to one owner. Every board member is obliged to file the registration (article 18), and the first registration must be made within a week of the obligation arising (article 20). Is your VvE not registered yet? Then use KVK form 5 and form 22. According to the KVK, you include, among other things:

• a copy of a valid ID of the board member(s);
• the minutes, signed by the board member(s), of the meeting in which the board was appointed;
• the attendance list, signed by all owners present;
• a copy of the deed of division certified by the board member(s) (VvE set up before 1 July 2008) or an original notarial copy (set up after 1 July 2008).

2. A reserve fund, with annual savings

The VvE must keep a reserve fund for costs that do not recur every year (article 5:126(1) BW). For a residential building you set aside each year at least:

• the amount from a multi-year maintenance plan (MJOP) that is no more than five years old and looks at least ten years ahead, or
• 0.5% of the rebuilding value of the building (article 5:126(2) BW).

According to the Dutch government (Rijksoverheid), the rebuilding value is stated on the policy schedule of the fire and buildings insurance. The money must be held in a separate current or savings account in the VvE's name (article 5:126(3) BW). Departing from this is only possible through the regulations, by a decision with at least four fifths of the votes held by the owners, or with a bank guarantee.

3. Buildings insurance

The regulations must state who insures the building and against which risks (article 5:112(1)(d) BW). Under the Model Regulations 2017 (Modelreglement 2017), that is the board, which insures the building against water, storm, fire and explosion damage and also takes out liability insurance (article 19.1). Does each of you have your own policy for "your" part of the building? Then check what your regulations actually require.

4. A board and an annual meeting

Unless the articles say otherwise, the board consists of one board member (article 5:131(1) BW). That can be one of you. The owners' meeting appoints the board member and can suspend or dismiss them at any time (paragraph 2). Under the Model Regulations 2017, an annual meeting is held each year within six months after the end of the financial year, at which the annual accounts are presented for approval (article 49.1). With two of you, the kitchen table is fine, but do keep minutes.

How do two owners vote?

How many votes each apartment has is set out in the deed of division. It is not always fifty-fifty. If you have the same number of votes and one votes for and the other against, the vote is tied. Under the Model Regulations 2017 the proposal is then "deemed to be rejected" (article 54.2). So no decision is made and nothing changes.

A handy route for small VvE's: the Model Regulations 2017 treat a proposal that all persons entitled to vote have agreed to in writing or by email as equal to a decision of the meeting (article 54.3). With two owners, that is often the quickest way. Keep those emails safe, and check whether your own regulations allow this too.

Deadlock? These are your options

Talk first, with structure. Put proposals on paper, with quotes and supporting figures from the MJOP. Agree a deadline for responses. A clear overview of what the law requires, such as the minimum annual reserve, moves the discussion from "want" to "must".

An external board member. The board does not have to come from the members (article 5:131(2) BW). Together you can appoint an independent third party as board member, so that management no longer rests with one of you.

The subdistrict court: substitute authorisation. Does the other owner refuse without reasonable grounds to cooperate with an act relating to the common parts? Then the subdistrict court can replace that cooperation with an authorisation (article 5:121(1) BW).

A recent example is a decision of the Rotterdam District Court of 23 February 2026 (ECLI:NL:RBROT:2026:2027), about a VvE with two members whose regulations stated that a tied vote produces no decision. The court authorised one owner to appoint an external manager as board member, with a fixed step-by-step procedure for choosing one. The court refused an authorisation for a foundation survey: the other owner had "genuine objections" and was therefore not refusing without reasonable grounds. A general increase in the VvE contribution could not be forced through a substitute authorisation either. The lesson: the court looks at each act separately to decide whether a refusal is reasonable.

Annulment of a decision. Was a decision made that you think is wrong? Then the request for annulment must be filed with the subdistrict court within one month (article 5:130 BW). Where no decision was made, there is nothing to annul; the Rotterdam decision says this as well.

Checklist for a VvE with two apartments

• The VvE is in the Business Register, with the correct board member
• A separate bank account in the VvE's name
• Annual reserve: based on an MJOP (no more than five years old) or at least 0.5% of the rebuilding value
• Buildings insurance arranged as the regulations require
• Annual meeting with minutes and annual accounts
• On a sale: the board issues a statement of what the seller still owes, the size of the reserve fund and the VvE's debts (article 5:122(5) and (6) BW)

Frequently asked questions

Does a VvE with two apartments really need a reserve fund?

Yes. Article 5:126 BW makes no exception for small VvE's.

Can we dissolve the VvE because we manage fine between us?

No. The VvE exists as long as the building is divided into apartment rights. According to the KVK, dissolution is only possible after the division has been cancelled, by notarial deed.

Who is the board member if nobody has been appointed?

Check your deed of division first. Is there no board member? Then hold a meeting, appoint a board member (article 5:131(2) BW) and register them with the KVK using form 22.

What happens if we have the same number of votes and disagree?

Under the Model Regulations 2017, the proposal is then deemed to be rejected (article 54.2). If you cannot resolve it, you can ask the subdistrict court for a substitute authorisation (article 5:121 BW).

A small VvE, managed simply

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This article is general information, not legal advice. Always check your own deed of division and regulations. Last checked: 12 October 2026.

Sources

• Dutch Civil Code Book 5 (art. 5:112, 5:121, 5:122, 5:124 to 5:126, 5:130, 5:131)
• Handelsregisterwet 2007 (art. 6, 18, 20)
• KVK, How do I register an owners' association? (Dutch)
• Rijksoverheid, How much money must VvE's reserve for major maintenance? (Dutch)
• Rotterdam District Court 23 February 2026, ECLI:NL:RBROT:2026:2027
• Model Regulations for division into apartment rights 2017 (KNB), art. 19, 49 and 54