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# Spindler Contract

Park 070 deserves better. Exit the Spindler contract

Spindler maintenance contract has become an issue within VvE A6. A group of residents has formally asked the board to terminate this contract. Against that background, this letter explains how the contract came about, why it is disputed from a legal and financial perspective, and why it has in practice become a significant burden for residents.

### A contract that should never have existed

The maintenance contract with Spindler was facilitated in 2023 in part by the then managing agent MVGM, which came with a pre-prepared contract, without presenting market alternatives, and asked the boards with some urgency to sign it for private installations. It covers the maintenance of the individual heat pumps and heat recovery ventilation units in all 26 homes in our block.

Domestic heat pumps are not common property of the VvE. They are therefore not listed in Article 11 of the deed of division. Article 12 is clear: maintenance costs relating to the private part are for the account of the individual owner, not the VvE. In simple terms, the VvE has no right to sign a collective contract for a resident's heat pump, such as your car or washing machine. By placing the contract in the name of the VvE, all residents were automatically bound by a decision that the board was not entitled to take on its own.

Even if the heat pumps had fallen under the common parts of the VvE, the board would still not have been entitled to approve these contracts independently. The annual contract costs in 2023, amounting to €9,923, also exceeded the board's free spending mandate of €5,000 for VvE, aside from the fact that no alternative quotations were presented.

The argument used to persuade residents and boards to sign was that the contract was necessary in order to preserve the warranty on the heat pumps. That turned out to be a misconception.

If the intention was to support residents in finding a maintenance provider, private quotations could just as easily have been facilitated instead.

### From the beginning, this was not in our financial interest

The contract was signed in the middle of 2023, while Spindler had already indicated at that time that the first inspections in the homes could only begin around October 2023. Despite that, the full year 2023 was invoiced retroactively from January. This means that residents paid for a full year while the service only started in the final months of that year. A prudent board should have concluded that it would have been more reasonable for the contract to start only on 1 January 2024, thereby saving approximately €10,000. I explicitly raised that possibility at the time with Sergio of MVGM and with the board. Nevertheless, the board maintained the unnecessary invoicing of the whole of 2023. This course of events is documented extensively in email correspondence.

Since then, the fee has increased each year by approximately 6.2%, from €9,923 in 2023 to €11,191 in 2025.

### A company with a controversial history at our complex

At our complex, Spindler is also responsible for maintenance of, and intervention following alerts from, the sprinkler and fire alarm installation in the parking garage. A costly maintenance contract exists for that work. It was precisely on that point that a serious dispute arose in the past. After alerts had been received through the control room, the VvE's position was that no timely and adequate action was taken. As a result, the installation continued running without sufficient water, causing the pump to fail. According to the VvE, Spindler thereby failed to comply with its obligations under that maintenance contract.

The consequences were significant. Instead of resolving the problem promptly and properly, a fire watch remained in place for approximately ten weeks while a replacement pump was awaited. Those costs were ultimately charged to the VvE. That led to a dispute of approximately €140,000. The VvE contested those costs because they arose precisely from the failure to take adequate action after alerts had been received. The dispute led to legal proceedings between the parties involved and was ultimately concluded by way of a settlement. The agreed amounts have since been paid and the file has been formally closed, but this history does illustrate why the VvE reviews new contracts, invoices and Spindler's responsibilities critically.

### Left in the cold

For the individual heat pumps, the situation is no better. Residents report waiting times of weeks for repairs, remain without heating or hot water in the meantime, and in addition to the already high collective VvE contribution also receive separate invoices for work that reputable maintenance providers would normally include in the annual visit. One concrete example is the topping up of glycol where system pressure is insufficient, which was invoiced separately for approximately €800. Comparable providers include this in routine maintenance without additional cost.

These problems are not new and were already raised with the board on multiple occasions. For some residents, the situation has become so unsustainable that they are considering selling their homes because of the continuing lack of a properly functioning heating system. Yet the contract was renewed silently each year.

### Exploring other market parties

The main VvE, the technical committee and Van Driel have recently had several contacts with Spindler, in my presence as representative of the main VvE, concerning various technical matters within Park 070. The heat pump contracts were also discussed in that context.

Spindler was unwilling to move on any of these points. It simply had no incentive to do so, because the current model is commercially favourable to them. A technician returning because a part was not in the van, a second call-out charge, or a third invoice for something that a serious provider would have included in a routine visit all generate additional revenue. There was also no willingness to record urgency and response times. Once it became clear that there was nothing meaningful to negotiate, the conclusion was straightforward: we need a market alternative.

### The request for termination

I have been trying for almost three years to correct this situation. From the beginning in 2023, I addressed the A6 board and MVGM, asked that this contract not simply be approved, and set out the objections in concrete terms: why pay for a full year when Spindler only began in October, where are the urgency provisions and response times, and how could this contract have been concluded without a general meeting while A6 was the only subdivision of Park 070 that had gone for years without a meeting?

When a general meeting finally took place in June 2025, it became clear that the board had not investigated any alternative market party and was asking residents to vote on something over which the VvE has no authority. All of these points were also discussed in the group chat and orally with the board members.

The A6 board has stated in the group chat that a file was opened with DAS through our legal expenses insurance to assess whether this situation is unlawful. The outcome of that advice has never been shared with the VvE members. That information, however, belongs to all of us and was paid for from our contributions. Withholding such feedback because it is inconvenient is not consistent with proper governance.

It should therefore not have come as a surprise that a letter would follow. One further point should also be clarified: A6 board members have suggested in the group chat that a damages claim was directed at them personally. That is incorrect. The letter states that damage has been suffered and that the board bears responsibility for it, but it also states expressly that a decision was made not to claim that damage. Referring to liability in the group chat without also mentioning that no damages claim is attached to it is misleading towards the neighbours. The only claim made in the letter is termination of the contract.

### What this costs us in concrete terms

In 2025, VvE A-6 paid Spindler €11,191.75 for a single annual installation check. This excludes the additional repair invoices that residents received separately. If the contribution to the main division is left aside and only the pure A6 operating costs are considered, 61% of the total VvE budget goes to this one contract. By comparison, all other costs together — management, insurance, day-to-day maintenance and reserve contributions — account for the remaining 39%.

<figure><img src="/files/QEZKFZab80Biy669jJMq" alt=""><figcaption></figcaption></figure>

More than half of our collective costs concern maintenance of private installations for which the VvE should never have been legally responsible. And that is only the fixed contract amount. Additional call-out charges, repairs and separate invoices come on top of that.

### VvE A6 as part of Park 070

Unlike the residential towers and other sections of Park 070, VvE A6 has only one common part: the roof. That is, in essence, the only shared responsibility within A6. The common facilities serving our homes, including the inner gardens and technical facilities of the parking garage, are managed through the A0 main VvE and the A11 parking garage, not through VvE A6.

A 50 m² bitumen flat roof per home lasts approximately 25 years and costs about €3,000 to replace. For that, a reserve of around €10 to €15 per month per home would be sufficient. The current contributions for our homes are not aligned with that limited task.

For board members, it is important to read the deed of division. It is our constitutional document. In principle, a board member can understand from it what falls within the VvE's authority and what does not, without first needing legal advice. It sets out what constitutes the common parts and what does not. If that document is properly applied, matters should not be put to a vote where the VvE has no authority — such as installations that are private property, a long-term maintenance plan that includes saving for a private heat pump, or instructing neighbours in relation to works carried out on their own homes.

### High VvE contributions are harmful to property value

Within Park 070, I have had the opportunity to work with many committed people in the boards of the parking garage and the main VvE, and together much has been achieved in recent years. That has helped keep the contributions within those parts manageable. Within A6, the contribution should in principle have been limited to saving for roof maintenance. Unfortunately, there has been a substantial departure from that approach.

It is well known what structurally high VvE contributions can do to a project. A concrete example from practice is the Duinwijck apartment building in Benoordenhout, where VvE contributions rise to €800–€900 per month excl. heating costs. The effect is visible in the market: apartments are on listing for €3,800 / m², while comparable homes in the same district are listed at €5,800 to €6,500 per m². In that case, the VvE burden has caused a structural and permanent destruction of value.

That mechanism operates in the same way elsewhere. Estate agents recognise it quickly. In a local market such as Voorburg, where projects such as Park 070 are discussed by name, a reputation for high monthly charges spreads quickly. Buyers withdraw, bids remain lower, and sellers are forced to concede more than expected. Allowing the contributions within A6 to escalate is therefore not only a financial problem but also a reputational risk.

### The solution: terminate and let owners choose

The solution is straightforward. The collective Spindler contract must be terminated before 30 September 2026. After that date, it will automatically continue for another year. Once the contract is terminated, each resident is free to decide individually how the heat pump and heat recovery ventilation unit in that resident's home will be maintained. That is the legal position for private property.

Concrete alternatives are already available. Van Driel is currently obtaining additional quotations from other market parties so that residents will be able to make an informed choice. Spindler itself also offers individual contracts for those who wish to remain with that provider.

A group of residents has formally and by registered letter asked the board to terminate the contract. All that is required is a written confirmation from the board to Spindler before 30 September. No general meeting vote is required, because this concerns private property over which the VvE never had authority.

It was striking that the board appeared surprised by the conclusion that this situation is unlawful and that it may be liable for further damage if this is not stopped. On paper, however, the position now taken reflects points that have already been raised orally with successive boards for years. Several residents are simply asserting the freedom to choose how maintenance of their own heating system is arranged. That is not an exceptional request, but the normal position for private property. Once the written confirmation has been given, this file can be closed and each resident can make an individual choice.


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