Annulment of a VvE decision

A VvE decision taken in breach of the rules or of reasonableness and fairness can be annulled by the subdistrict court. The request must be made within a month.

A decision of a VvE body is voidable, among other things for breach of legal or statutory provisions on how decisions are taken, and for breach of reasonableness and fairness (article 2:15(1) BW). Think of a notice sent too late or a decision without the required quorum.

For a VvE, annulment goes through the subdistrict court of the district where the building is located (article 5:130(1) BW). The request must be made within one month of the day you learned or could have learned of the decision (paragraph 2). That period is short, so do not wait.

The court can suspend the decision until a final ruling (paragraph 4). All persons entitled to vote and the VvE are summoned to be heard (paragraph 3). A decision that conflicts with the law or the articles themselves (not the procedure) is void; no request within a month is needed for that (article 2:14 BW).

See also: Meeting notice (oproeping), Quorum, Substitute authorisation (subdistrict court), Owners' meeting (ALV)

Read more: The VvE meeting notice, Quorum and majorities in a VvE

Legal basis: Boek 5 BW, art. 5:130, Boek 2 BW, art. 2:14 en 2:15