You just bought an apartment: what your VvE needs to have in order

This is general information, not legal advice. For your own situation, read the deed of division and the regulations of your VvE. If you have doubts or a dispute, involve a notary or a lawyer.

Did you just buy an apartment? Then along with the keys you also became a member of a Vereniging van Eigenaars (VvE), an owners' association. That can feel new and complicated. Below you will find, in plain language, what a VvE is and what your VvE needs to have in order. You do not need to know everything in one evening.

What is a VvE?

A VvE is the association of all owners in an apartment building. It is a legal entity (article 5:124(1) of the Dutch Civil Code) and manages the shared parts of the building, such as the roof, the facade and the stairwell (article 5:126(1) BW). Your own apartment is not part of that.

You are automatically a member as soon as you become an owner. Your membership ends by itself when you sell (article 5:125(2) BW). This also applies to a small building with two apartments, and even if the VvE never holds a meeting.

When you buy, the notary should attach a statement from the VvE's board to the deed of transfer. It says, among other things, what the seller still owed the VvE, how large the reserve fund is and what debts the VvE has (article 5:122(5) and (6) BW). Keep that statement. After the purchase you must also inform the VvE in writing without delay that you are the new owner (article 5:122(2) BW).

The regulations and the deed of division

The deed of division (splitsingsakte) is the notarial deed that divides the building into apartment rights (article 5:109 BW). It states which part of the building belongs to your apartment and what your fractional share (breukdeel) is. The regulations (reglement) belong to the deed (article 5:111(d) BW) and contain the rules of the VvE: which costs the owners share, how the annual contribution works, who insures the building and how the VvE is set up (article 5:112(1) BW).

Many deeds refer to a model set of regulations. There are several versions, so check which version your deed refers to. Your deed can also deviate from the model. Do not have the deed? You can request a copy from the Land Registry (Kadaster).

As a new owner, look up:

• your fractional share and the number of votes you have;
• which costs the owners share and how they are divided;
• how meetings are held and decisions are made;
• who insures the building and against which risks.

Read more in The deed of division explained and How shares determine who pays what.

Reserve fund and annual contribution

Every VvE must keep a reserve fund for costs that do not come back every year, such as major maintenance (article 5:126(1) BW). For a residential building there is a minimum yearly allocation. It is at least the amount from a multi-year maintenance plan (MJOP) set by the owners, or 0.5% of the rebuilding value of the building (article 5:126(2) BW). In principle the money sits on a separate current or savings account in the name of the VvE (article 5:126(3) BW).

As an owner you also pay a periodic contribution to the VvE for the shared costs. The articles of association state how often (article 5:112(2)(c) BW), and the regulations contain rules on the annual operating account for the previous year (article 5:112(1)(b) BW). Unless the regulations say otherwise, each apartment right pays an equal share of the costs (article 5:113(2) BW). Many regulations divide the costs differently, for example by fractional share. So check your own deed and regulations.

For contributions that became due in the current or the previous financial year, you and the previous owner are jointly liable, unless the regulations say otherwise (article 5:122(3) and (4) BW). Ask the board whether there are any arrears. Also read The MJOP explained.

The owners' meeting and decisions

The owners' meeting (ALV) holds all powers that the law or the articles of association do not give to another body (article 5:125(1) BW). All owners have access to the meeting. Decisions are taken by an absolute majority of the votes cast, unless the articles of association say otherwise (article 5:127(1) BW). How many votes you have is stated in the deed or the regulations.

The board and the chair of the meeting can call the meeting (article 5:127(2) BW). How this must be done is stated in the articles of association. A VvE has a board of one or more directors, appointed by the meeting (article 5:131 BW). In a small VvE that is often one of the owners.

Do you disagree with a decision? A request to the subdistrict court to annul a decision must be made within one month of the day you knew or could have known about the decision (article 5:130(2) BW). If in doubt, ask a lawyer for advice.

Insurance

The regulations state by whom and against which risks the building must be insured for the benefit of all owners (article 5:112(1)(d) BW). Often this is a building insurance for the whole building, taken out by the VvE. Check your regulations to see who arranges it and ask the board for a copy of the policy.

What exactly is covered depends on the policy. Ask what the VvE's insurance covers and what you need to arrange yourself, for example for your contents.

How Buur can help

Buur is not live yet. This is what is planned. Details may still change.

Buur is made for small VvEs of 2 to 10 apartments, run by the owners themselves. You do not get a long list of modules, but first a checklist of what a VvE needs, in the right order.

• At launch: the Basis op orde checklist. You see what is already in place and what is still open, such as the KvK registration, reserve fund, accounts, insurance and audit committee. Buur does not arrange these things for you.
• At launch: you upload the deed of division and Ben reads out the apartments, shares and votes. You confirm every field. Always check the result yourself.
• At launch: Ben explains in plain language what a term means, such as fractional share or reserve fund, and helps you prepare a question or proposal. Ben gives explanations, not legal advice.
• At launch: keep documents with the VvE, talk with your neighbours and vote on a proposal from the board. This is not an ALV.
• Coming next: calculating the contribution by share and a payment instruction by email.
• Later: the ALV with agenda and notice, and the calendar.

Buur costs from €4.90 per month (including VAT) for 2 to 5 apartments. You try it for 30 days, then a paid plan follows. There is no free plan. Want to be the first to know when Buur is ready? Join the waitlist via mijn-buur.nl.

Source: Dutch Civil Code Book 5, title 9 (apartment rights). This is general information, not legal advice.