Welcome to the Homeowners' Association: What You (Don't) Get as a Buyer

The Gap Between the Sales Brochure and Reality After Closing

When you buy an apartment, you not only acquire a home but also automatically become a member of a Homeowners’ Association (VvE). For many buyers, this is uncharted territory. The sales brochure features stunning images of a new or renovated complex with high-quality finishes and shared amenities, or outlines endless possibilities for expanding or modifying the apartment. But the reality after closing often turns out to be more complicated. There is often a gap between the expectations raised by the brochure and the HOA structure that is actually in place. In this article, we explain where that gap comes from, what you—as a buyer—do and do not get, and what you need to keep in mind to avoid disappointment.

The Brochure: A Dream Vision of a New Living Environment

Real estate developers and real estate agents use the sales brochure to present a home in an attractive light. That makes sense—after all, a car dealer’s inventory is also shown washed and polished.

The sales brochure often includes:

• The architect’s sketches and renderings. Modern entryways, green courtyard gardens, and common areas furnished with cozy sofas and stunning planters;
• Service fees that appear low, based on general assumptions or “reasonable contributions per square meter,” regardless of what’s specified in the deed of division;
• Suggestions of amenities that may be implemented in the future, such as charging stations, solar panels, a shared rooftop garden, or the possibility of a private rooftop terrace.

For the buyer, this is often the most important source of information during the purchase. However, the brochure is not a legal document. The actual rights and obligations stem from the deed of division and the accompanying division regulations, as well as any Bylaws.

The Reality: The Homeowners’ Association Structure After Closing

After the closing at the notary’s office, a completely different dynamic emerges: the buyers jointly become owners of the common areas and automatically members of the Homeowners’ Association (VvE). From that moment on, it is not the promises in the brochure that apply, but the legal and organizational agreements set forth in the deed and regulations or those decided upon at a members’ meeting.

Some common differences:

• Common facilities: What is presented in the brochure as “shared use” may be omitted from the deed of division. Without a legal stipulation, it is not a homeowners’ association facility but a private initiative.

• Service fees: While brochures often cite low amounts, the first homeowners’ association budget tends to be higher. This is because a realistic estimate is made for insurance, maintenance, cleaning, energy, and reserves for future major maintenance.