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VvE explained / The basics

Restarting a dormant VvE

A dormant VvE still exists, with all its duties. Here's how to pick things up again, step by step.

A dormant VvE is one that doesn't function: there are no meetings, there is no board or nobody saves money. Often things go fine for years, until major maintenance is needed or an owner wants to sell.

A dormant VvE still exists

Even if nobody does anything with it, the VvE exists. Every owner is a member by law (article 5:125(2) of the Dutch Civil Code, BW). So the duties still apply, such as keeping a reserve fund (article 5:126 BW).

Why restart it?

  • Maintenance. Without a reserve fund, large costs land on the owners all at once.
  • Selling. When an apartment is sold, the notary must attach a statement from the board to the deed, including what the seller still owes, the size of the reserve fund and the VvE's debts (article 5:122(5) and (6) BW). Without a board, that is difficult.
  • Insurance. Is the building properly insured? The regulations set out who takes care of it (article 5:112(1)(d) BW).

Step by step

  1. Find the deed of division at the Kadaster (Land Registry). It contains your VvE's rules.
  2. Map the owners. Who owns which apartment?
  3. Check whether the VvE is registered with the KvK, and if not, arrange it.
  4. Call a meeting. Normally the board or the chair does this (article 5:127(2) BW). If there is no board, check your deed for who may call the meeting.
  5. Appoint a board. The meeting appoints the board (article 5:131(2) BW). If there is no board, the chair of the meeting takes its place, unless the articles or the meeting arrange otherwise (article 5:133(1) BW).
  6. Arrange the basics: an account in the VvE's name, a reserve fund, insurance and agreements on contributions.

What if an owner won't cooperate?

If an owner refuses without good reason to cooperate with an act that needs their cooperation, the subdistrict court can, on request, grant authorisation that replaces it (article 5:121(1) BW). Try to solve it together first: a good conversation often works better than legal proceedings.

Source: Dutch Civil Code Book 5, title 9 (apartment rights)

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