VvE liability in case of leakage | Rechtswinkel.nl

Questioner

Ir/Madam, In July 2011 I bought an apartment right. The leaks started immediately after. Which caused the painting and plastering in the house to be stopped. Now it is almost October 2014 and it has not been fixed yet. I have very regularly reported it to the VvE etc. and am constantly following up on it. But it remains with some sealing of edges etc. Really tracking down the cause and repairing the leak.... is now promised again.... but I have lost confidence. My question is, can I hold the VvE liable for all the inconvenience and unhealthy living conditions. Can I hold the VvE liable for the default and possible decrease in value of my property? etc. Perhaps you have another advice. Of course I will continue to try to fix the leaks etc. Thank you in advance for your answer Yours sincerely

Lawyer

I assume the leak is coming from the roof or something. You can formally hold the VvE in default and liable for the damage; at least you do not indicate that you have already done so. You do this by sending (or having sent) a registered letter in which you summon the association to track down and repair the causes of the leak within 30 days and to announce that you will otherwise take legal action. In the letter you also hold the VvE liable for all damage suffered and yet to be suffered. Apartment law and real estate law is my specialization. I am happy to help you with this. For consultation, you can always contact me without obligation.

Lawyer

From your explanation I infer that the leakage is caused by a defect in the common parts of the building. The VvE is responsible for the maintenance and repair of defects in the common parts. I assume that you have already regularly summoned the VvE to have the cause of the leakage investigated and to take remedial measures. If this has not yet been done, I advise you to summon the VvE to do so in a registered letter. In urgent cases, the board is authorized to have repair work carried out without the permission of the meeting. If the VvE takes no further action, you can submit your request to proceed with repair to the meeting, or at least, depending on the urgency, demand in summary proceedings that the defect be repaired quickly. I am a lawyer and specialized in apartment law and disputes about (construction) defects. I am happy to assist you in this matter. If desired, you can contact me without obligation and free of charge for further consultation and advice.