Liability Terrace in VVE: What to do?

Questioner

We live in an apartment in the middle of the city centre of The Hague. We live on the top floor with a terrace of approx. 60m2 at the back. This terrace is located on the floor below which is used as an office space. This terrace was already present when we bought the house in 2004. The downstairs neighbours (the office) indicate that they are suffering from leaks in the roof (terrace). The VVE does not give its generality a home in this. The other members consider it a matter for us and the downstairs neighbour. The question now is; who is actually liable here? Is it us because we use the terrace. Is it the downstairs neighbour because it is his roof? Or is it the VVE?

Lawyer

The VVE because it is a communal area.

Lawyer

The deed of division/regulations determine who is liable for the costs of roof maintenance/repair. Normally, this is the VvE. If the VvE gave permission at the time to use the roof as a terrace, it may be that the VvE also decided that the costs of roof maintenance would be borne by the owner who uses the terrace. If this agreement has not been notarially recorded or not included in a court ruling, you are in principle not bound by it as a legal successor, but that would also mean that you are not bound by the permission that the previous owner received to use the roof as a terrace. It is therefore important to check whether and how this has been recorded.