A homeowners’ association (VvE) from Amersfoort announced it would fine residents who are spotted walking around their house naked.
Is this even legal? To find out, the AD talked to two lawyers about the legal boundaries of VvE regulations.
What happened?
The association in question emailed its homeowners announcing several new rules and the fines for breaking them. Some of them, however, raised eyebrows for going too far in policing what residents do in the privacy of their homes.
For instance, residents who are caught walking around their house naked by their neighbours would risk a fine of €1250, according to the new rules. Since when did Dutchies become such prudes?
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Other rules include only doing DIY projects between 8 AM and 6 PM, keeping quiet between 12 PM and 1 PM, and allowing surprise inspections by the association.
Residents who dare hang laundry on the balcony, in turn, can expect to pay €250. Basically, breaking this rule twice would cost more than buying a dryer. 🤯
Shocked by the new regulations, a resident contacted the AD to ask a simple question: is any of this legal?
Is it legal?
The naked truth is… it can be — but with some reservations.
In the Netherlands, most apartment blocks are managed by a Vereniging van Eigenaren (VvE), a “homeowners association,” which is in charge of representing the owners’ interests.
Their responsibility includes making collective decisions about the property and establishing rules, including so-called “fine regulations.”
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However, these rules “have to be reasonable” and, most importantly, they have to be “written down in black and white somewhere,” comments notarial lawyer Astrid Luijk.
While “reasonable” is obviously subjective, it’s usually understood that the rules should be “about nuisance to others,” such as regulations against noise nuisance, stench, or safety hazards, adds VvE lawyer Klaas Jan Schuurs.
In the Amersfoort VvE’s case, then, the association can’t just establish new rules and fines via email — these, before having any legal value, need to be formally included in the VvE’s regulations.
And even then, before anyone can be fined, the association must first try to solve matters peacefully: first through a conversation, then through a written warning, and only after that, if the resident still fails to comply, through a fine.
What if I already got fined?
But what if the association does amend its regulations to include a rule that you perceive as a violation of your sacred home and then fines you?
Well, in that case, you can go to court, where a judge may agree with you that the fine is unwarranted or disproportionately high, and rule in your favour.
However, they may also find your breach as serious as the VvE does, and confirm the fine. That’s why you should do your homework before going down the legal route.
“It is also your own responsibility to be aware of the rules that apply in your building,” says Luijk.
The best plan of action, then, is to avoid this unpleasant escalation in the first place by participating in decision-making: you should go to the VvE’s meetings, or “authorize someone to vote for you,” concludes Luijk.
What’s your experience dealing with homeowners associations and their rules? Join the discussion in the comments below — but keep it neighbourly. 😇