Liability of VvE: Your rights in case of balcony damage

Questioner

the balconies of our VVE and of the neighbours (own VVE) rest on a joint standing support beam. The neighbours have replaced their balconies unilaterally and placed their own new standing support beam. However, this was done in such a way that our support beam i) is damaged; and ii) is now no longer maintained on one side (insufficient space for sanding and painting). My question now is, what rights do we have to recover the damage caused by this from the adjacent VVE?

Lawyer

Thank you for your question. The neighbours are liable for the damage they caused when replacing the balconies and replacing the support beam. The neighbours should therefore be held liable to receive compensation for the damage. If desired, I can advise and assist you further in this matter. I am a lawyer and specialized in VvE law. For further questions you can contact me without obligation and free of charge.

Questioner

Thanks for your quick response. Could you be more specific about which article of law/jurisprudence the liability applies to? And what route would you recommend?

Lawyer

The liability is based on unlawful act, namely the unlawful actions of the neighbours, which led to the damage in question. This is regulated in article 6:162 BW. It is now a matter of holding the neighbours liable for this damage in writing by means of a registered letter.