When an owners' association, also known as an association of owners or VvE, is formed as a result of a division into flat rights, it is a special association. This is because, unlike an ordinary association, you are a compulsory member as soon as you own a flat right within the relevant division. It is a membership that you cannot cancel. Only when you are no longer an owner are you also no longer a member.
The association is established by the deed of division. The deed of division also contains the association's articles of association.
The VvE is obliged to register with the chamber of commerce just like an ordinary association and also has a board and a members' meeting. In an association of owners, each owner pays a contribution that usually depends on the share of the flat in the split building. In some cases, the voting right depends on the size of the flat.
One of the responsibilities of the association is to maintain the common parts. The VvE must maintain a reserve fund for this purpose.
In a number of cases, owners of houses or other real estate choose to set up an association of owners. This then has to look after the common interests. However, this is not an association of owners as referred to above. As a result, someone can simply cancel their membership or someone cannot be obliged to be a member.
Through a foundation with affiliates and a penalty chain clause, this can be achieved, but only if everyone wants it or this is set up that way before the sale.
For more information on owners' associations, please get in touch. We will be happy to help.
