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Contractors · owners · the authorities
Legal expenses insurance for a VvE
Legal expenses insurance for a VvE (Dutch owners' association) covers the cost of disputes the association conducts as a legal entity: with contractors, with suppliers, with the local authority and with its own members.
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Deze pagina in het Nederlands: Rechtsbijstand voor een VvE.
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The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert.nl or call 072 - 509 24 56 and we will take it from there.
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- We compare the offerings of several insurers
- An adviser checks whether the cover suits your activities
- We arrange the switch, including cancellation
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
An owners' association enters into contracts, places maintenance orders and collects contributions. That leads to conflicts a personal legal expenses policy does not cover, because the VvE is a separate legal entity with its own interest. The association therefore needs a policy in its own name, taken out by the board on behalf of the members.
The heaviest item is almost always the building dispute: a roof that leaks after renovation, façade work that is not up to standard, or a contractor who does not finish the job. Alongside that there are collection cases about unpaid service charges and proceedings about permits and enforcement.
If a dispute leads to damage to the building, the buildings cover also comes into play; see fire insurance for a VvE.
What does legal expenses cover for a VvE include?
The structure of the cover in three parts, with an overview per situation below.
The board
Article 2:9 of the Dutch Civil Code makes no distinction.
- Unpaid board members too
- Joint and several liability
- Recourse against personal assets
Additional
What else the association needs.
- Liability as owner
- Legal expenses
- Accidents involving volunteers
What is covered
| Situation | Buildings, VvE | Liability | Drivers |
|---|---|---|---|
| Fire damage to the building | Yes | No | No |
| Injury in the stairwell | No | Yes | No |
| A claim against a board member | No | No | Yes |
| An owner's own kitchen | No | No | No |
| Deferred maintenance | No | No | Sometimes |
| A dispute with a contractor | No | No | No |
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
The building dispute is the core module
Once major maintenance is handed over, the discussion begins: is the defect a workmanship error or normal wear? The legal expenses insurer then makes the liability claim and pays for a building expert if necessary. Watch the limitation periods for contracts for work; if the association complains too late about a visible defect, the case is legally lost before the policy comes into it. Record snagging points in writing.
Collection of overdue contributions
An owner who does not pay his contribution shifts the burden onto the rest. The debt collection module sends the reminder and, if necessary, conducts the proceedings. Allow for a threshold amount: claims below that limit are not taken on by the insurer, so small arrears stay at the association's expense. A buyer is liable alongside the seller for the arrears over the current and the preceding financial year.
Waiting period and history
A dispute already running or reasonably foreseeable when the policy was taken out is excluded. Most policies also have a waiting period after the start date, within which new conflicts are not yet covered. What counts is the date of the event that caused the dispute, not the moment the association discovered the problem. So take out the policy before you put a renovation out to tender.
What the policy does not handle
Usually excluded are disputes between individual owners to which the association is not a party, tax proceedings, criminal cases and fines, and conflicts arising from a resolution an owner challenges before the sub-district court. A dispute about the deed of division or about the allocation formula also often falls outside the cover. The maximum for external costs limits what a lawyer may cost in court proceedings.
What does your premium depend on?
- Number of apartment rights — More members means more contracts, more contributions and more chance of conflict.
- Modules chosen — Building, debt collection, contracts and employment are usually added separately.
- Threshold amount — A higher threshold keeps small cases outside the policy and brings the premium down.
- Maximum external costs — The limit for lawyers' and experts' fees in proceedings.
- Renovation or tender under way — A major maintenance project considerably increases the chance of a building dispute.
- Let units and business space — Tenancy disputes and enforcement by the local authority count in the assessment.
Insurers weigh these details differently. That is why comparing pays off.
How we arrange it
- You request a quoteWe take stock of your activities, turnover and wishes.
- We compareseveral insurers, on premium as well as conditions.
- You receive a proposalWith an explanation of the differences and the exclusions.
- We arrange the switchIncluding cancellation, so there is no gap in cover.
9.5New policy
9.8Claims handling
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Frequently asked questions
The questions we are asked most often about this.
Does the policy cover a conflict with one of our own members?
For collecting overdue contributions usually yes, provided the debt collection module is included and the claim exceeds the threshold amount. If it concerns an owner challenging a resolution of the general meeting, or nuisance between residents, the association is often not a party and there is no cover. Read the description of the module carefully.
Is there a waiting period before cover starts?
With almost all legal expenses policies, yes. Within that period new disputes are not yet insured, to prevent an association taking out a policy only when a conflict is already looming. What counts is the moment of the event that led to the dispute. So take out the insurance well before you put maintenance out to tender or sign a lease.
May the VvE choose its own lawyer?
As soon as court or administrative proceedings are brought, the association has the right to choose its own legal representative. Outside proceedings the insurer handles the case in house with its own lawyers. Reimbursement of an external lawyer is limited by the cost maximum on the policy schedule; anything above that the association pays itself.
Is a hidden defect in the block a covered dispute?
Only if the defect comes to light after the start date and the waiting period, and the association has an opponent it can approach, such as the contractor or the selling developer. If the defect was already known when the policy was taken out or was set out in a survey report, the case is excluded as foreseeable. Keep handover files and inspection reports.
Read more
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Prefer to call? 072 - 509 24 56, weekdays 09:00–17:00.
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About our service
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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This page was written and checked by an adviser at Finass Verzekert. Last updated on .
The information on this page is general in nature and is not personal advice.