Pursuing sustainability within a VvE: what if the meeting votes against it?

The conditions of the exception

The decision memorandum accompanying the draft decree explicitly states that landlords within a mixed VvE in principle remain obliged to pursue sustainability measures, except when addressing common areas is needed to reach label D, the VvE decides negatively on this, and sustainability measures thereby become impossible for that landlord.

This means the exception does not automatically apply as soon as a VvE does not want to pursue sustainability measures: it applies specifically to the situation where the necessary measure concerns a part of the building that falls under the joint management of the VvE and over which you, as an individual owner, have no say.

Building your file before invoking the exception

Because the burden of proof lies with the landlord, it is wise to carefully record the agenda item for the sustainability proposal, the substantiation via a tailored advice report, and the outcome of the vote in the VvE minutes, including the voting ratio.

Also keep correspondence demonstrating the necessity of the measure for achieving label D, so that in the event of a notice from the municipality, you can substantiate that pursuing sustainability measures was beyond your control.

• Submit the proposal to the VvE meeting in writing and with substantiation.
• Have the rejection and voting ratio recorded literally in the minutes.
• Keep the underlying tailored advice report as evidence of necessity.
• Repeat the proposal periodically; a one-off rejection offers no guarantee for the future.