It often happens that you as a (potential) buyer of a property want to activate a dormant Owners’ Association (VvE). The basis that every CoE must have is a registration in the Chamber of Commerce (CoC).
Once you have that registration from the Chamber of Commerce, you can follow these steps to further activate the CoE.
The problem, however, is that many small apartment buildings do not yet have an association registration with the Chamber of Commerce at all.
This can be a big problem for if, for example, you are the buyer of that property and your bank wants to see a Chamber of Commerce registration as a condition for granting the mortgage loan.
Which CoEs do not yet have a CoC registration?
All buildings split after 2008 will already have a Chamber of Commerce registration. In fact, since 2008, the notary (who must take care of a division) has been required to register a VvE with the Chamber of Commerce for divisions where apartment rights were created.
However, with properties that were split before 2008, you do run the risk of having to deal with an apartment where there is no Chamber of Commerce registration of an O.V.E. at all.
Seller does not want to do the registration with the Chamber of Commerce himself (anymore)
The intention is that a current owner of an apartment, with the cooperation of the other owners within the divided property, establishes the Owners’ Association and registers it with the Chamber of Commerce.
However, no one may want to make an effort to do so. They often think it is fine if you, the buyer, do go ahead and register the CoE with the Chamber of Commerce. However, as long as you are not yet an owner, you cannot just do that on your own. Therefore, below we explain how you, as a future owner, can register an MoU with the Chamber of Commerce.
As a future owner, register the CoE with the Chamber of Commerce in 7 steps
Step 1 – Draft an appointment resolution and have it signed by everyone
Step 2 – Have an attendance sheet signed
Step 3 – Fill out this form
Step 4 – Then fill out this form
Step 5 – Make a copy of the prospective director’s identification.
Step 6 – Make a copy of the original subdivision deed (available at the land registry)
Step 7 – Send all papers from steps 1 through 6 to the CoC postal address of the CoC office in your area (do a quick Google search for “CoC postal addresses” and you will immediately see the link to the appropriate contact page on CoC.com with all postal addresses.
What a hassle he😉 ?
After registration, you will receive by mail a confirmation of registration and an invoice for the registration fee. You can request a certified extract from the Chamber of Commerce® Trade Register immediately afterwards.
Further activating small association
If you managed to register the CoC and want to know what other steps you can take to further activate the CoE, read the article “In 8 steps to quickly make your small dormant CoE active. Best of luck!!!
Ps: note that the Chamber of Commerce may use newer versions of the forms from step 2 and step 3. At least now you can see which forms you should have, but you would be wise to google the name of the form in question yourself so that you can always get hold of the most recent form on the Chamber of Commerce website.