09 October 2025
Permission from the HOA, yet still unlawful conduct
When an apartment owner receives permission from the HOA to carry out certain works, this often seems sufficient to prevent problems.
Managing HOAs is a specialty that requires specific knowledge. By applying this knowledge correctly, it can be advantageous for HOAs to have management carried out by an external organization, to present HOA matters as transparently and clearly as possible to the members.
When an apartment owner receives permission from the HOA to carry out certain works, this often seems sufficient to prevent problems.
Why careful planning and financial substantiation are important for HOAs to make responsible decisions.
Good maintenance and professional HOA management strengthen the return on your apartment and ensure preservation of value.
Discover the complexities of cost allocation in an HOA with master division and subdivision and the role of clear agreements and communication.
In the article below, we discuss common misconceptions about roles and responsibilities within Homeowners Associations (HOAs).
Nuisance is a subjective concept: what one person experiences as nuisance is acceptable to another. What should you do with nuisance within the HOA?
Major maintenance in HOAs involves extensive and cyclical work, often planned in an MJOP. Careful execution is essential in this regard.
When transferring an apartment right, it is crucial to take into account any outstanding contributions from the owner to the HOA.
What can an HOA expect if an owner wants to have a resolution of the meeting annulled? Good preparation for legal proceedings is essential!
After conversations with HOAs in Curaçao, we have experienced that many owners do not fully understand what a homeowners association (HOA) entails.
Digitalization has gained significant momentum in recent years. With one push of a button, the entire world can be reached. What does this mean for HOAs?
Every year, usually within 6 months after the end of the financial year, the HOA owners’ meeting must approve the operating statement.
An owner who wishes to divide his property must do so by means of a notarial deed and registration thereof in the public registers.
Apartment owners who wish to renovate their apartment, take note! If you live in an apartment or at a resort, you are bound by rules.
An HOA must hold an annual general meeting at least once a year. Digital meetings can be a solution when planning this meeting.
The service costs to be paid to the HOA arise from the annual budget. The amount depends on the owner’s fractional share.
Major maintenance must also be carried out in a Homeowners Association. What is this? How and by whom is it determined that this must be carried out?
The Court of First Instance ruled on 07.10.2021 in a conflict between owners of HOA Blue Bay Resort in Curaçao.
An audit committee exists in every HOA and reviews the annual financial statements prepared by the board. This committee advises the general meeting.
HOAs are regularly a source of annoyance and discussion for the members who are part of them. The members all live together in a building or resort and must reach agreement with each other on important topics. So many people, so many wishes. In addition to members who are also residents in the building or resort, there are also members who allow their apartment to be used by, for example, a tenant. Additionally, it also occurs that, alongside residences, commercial spaces are present in a building or resort, such as hospitality venues, shops or business space. Due to all these differences within one building or resort, different interests can arise. These different interests can lead to a great deal of discussion between members and residents.
Precisely because an HOA is an association of which members are obliged – and therefore not voluntarily – members, simply because they live in the same building, it is of great importance that everyone is aware of the rules within the HOA. Only in this way can members show understanding for each other and jointly take important decisions in a proper manner regarding the management of the building. This applies to technical, administrative and financial management.
Because most HOAs are dependent on a volunteer board, it has become common practice in the Netherlands to appoint a professional HOA manager. Meet VvE Beheer Curaçao. The first and only professional HOA manager on the island. It occurs that project developers, real estate agents, or insurance intermediaries in Curaçao manage HOAs, but that is not their primary goal; it is not their core business. VvE Beheer Curaçao believes that managing HOAs is a specialty that requires specific knowledge. Precisely by applying and sharing this knowledge with HOAs, many conflicts and legal proceedings can be prevented. These conflicts can cost the HOA - and therefore indirectly the members - a lot of money. Additionally, these types of conflicts create dissatisfaction and a bad atmosphere within the HOA. Adequately applying the rules that apply to the HOA can precisely remove that dissatisfaction, so that residents can live together again in a pleasant and comfortable way in a building/resort.
Most conflicts within an HOA arise from a lack of knowledge of the regulations, the functioning of an HOA, a lack of time to look into these matters, or incorrect interpretation of the applicable rules related to HOA management. We believe this can and should be prevented.
That is why we decided to establish VvE Curaçao: a website where we share knowledge about HOAs and apartment law. On the one hand, this knowledge comes from years of experience in managing HOAs by Roland and Martine. On the other hand, it is based on years of experience in preventing and resolving conflicts by Paul. In our view, HOAs in Curaçao need this knowledge so they can use it to prevent conflicts within the HOA. Naturally, this knowledge is relevant for both the members and the board of the HOA. The more owners within the HOA are aware of the rules and the key aspects of managing an HOA, the better the HOA will function.