De vereniging van eigenaars

An owners’ association (in Dutch Vereniging van Eigenaars or VvE) manages the common areas of an apartment complex. The owners’ association is a body linked to titles to apartments for the purpose of facilitating decision-making regarding the management, use and maintenance of the common areas and facilities of an apartment complex and representing the apartment owners’ interests more effectively. This study focuses on the nature and structure of the owners’ association, examining the demarcation of powers between the individual apartment owner, the community of owners and the owners’ association against the background of the model regulations used by civil law notaries. The goal of the study is to formulate structural solutions for dysfunctional owners’ associations. The study examines these topics from a legal perspective and from an empirical perspective. The legal perspective is expressed in a description and analysis of the statutory provisions in the Netherlands, a comparison of the Dutch provisions with the statutory provisions relating to apartments in France, Belgium and Germany and a study of the case law regarding the apartment owner’s right of use and the apartment owner’s legal position within the owners’ association. The empirical component relates to the operation of owners’ associations in the Netherlands. For the empirical component, two sub-studies were conducted: an exploratory study of the relationship between the legislation governing owners’ associations and the operation of owners’ associations, and an examination of the management of the common areas of apartment complexes. The study concludes that the basic nature and structure of the owners’ association should remain the same. The special character of the owners’ association is mainly reflected in the fact that each apartment owner is a member by virtue of being an apartment owner. A distinction should be made between solutions for dysfunctional small owners’ associations and dysfunctional large owners’ associations. In small owners’ associations the decision-making could take place easier. In lager owners’ associations it is important to make the structure more transparent. Finally, a few external parties could help to improve the operation of owners’ associations.