Liability of VvE in case of damage: Your rights

Questioner

I have a condo. 2 weeks ago, the downstairs neighbor discovered a leak in the ceiling of her toilet. The homeowners' association was immediately informed and they immediately indicated that I should call a plumber to determine the damage. The homeowners' association had recommended a plumber, with whom I then made an appointment. The plumber had removed the ceiling of the downstairs neighbor's toilet and had a look. The homeowners' association also came to take a look and had immediately concluded that this was not covered by the building insurance but was my own costs. I found this strange because the plumber could not determine exactly where the leak was coming from. In the end, he had removed the toilet bowl and 'made' something that he was certain was the cause. 1 day later, the leak was still there and I received a second notice from the homeowners' association that this was not covered by the building insurance. In the end, I decided to call in my own independent contractor and he determined that there was indeed something wrong with the drain from my toilet to the risers. He could see it in the ceiling of the downstairs neighbor. The VvE had given a company the assignment a year ago to replace the risers due to asbestos. The contractor said that the company had made mistakes at the time in connecting the drain to the riser. It is clearly visible that some things were stuck together amateurishly with tape and there is a crack in the drain. I find it very strange that the recommended plumber and the VvE did not see this. I find it completely strange that the VvE concluded within 1 minute that it was all my fault. Now there is a dilemma, namely the VvE does not believe that they are liable for all damage (both my water damage and water damage in the ceiling of the downstairs neighbor) despite the fact that the contractor did indeed indicate that the company that the VvE hired at the time did not do a good job. In addition, the company that replaced the risers has since gone bankrupt. Can I hold the VvE liable for my damage and that of the neighbor? Should they accept the contractor's report? What now if the VvE does not cooperate?

Lawyer

Yes, you can do that because the VVE can be held liable for mistakes of its contractors. As I see it, the damage of leakage is directly related to the previous mistake that you can even prove. It is a matter of writing a good letter (or having it written) and entering into negotiations with the VVE.

Lawyer

The pipes are shared, so they fall under the responsibility of the VvE. Now that you have established that the leak was caused by errors by the company hired by the VvE to replace the risers, the VvE is liable for the damage that resulted from this. If desired, I can help you recover your costs from the VvE.