VVE Liability: Your Rights and Advice

Questioner

I own a top floor apartment, directly under a flat roof. The roof appeared to need to be renewed (according to roof reports), and since October 2013 there has been mold formation on ceilings and walls. An independent expert has concluded that this is due to cold bridge(s) because the roof is not insulated (the roof dates from the 1960s). VVE held liable (already in 2014!!! Now more than 20 months in a clinch with VVE) VVE refuses any form of liability. I recently sent a draft summary proceedings to the VVE myself, but I still wonder: what are my rights in this? Is the VVE liable? According to VVE no, because this does not fall under building. I do not care whether damage is or is not covered by insurance. What do you recommend to me? The roof has now been replaced with good insulation.

Lawyer

This is regulated in your model regulations that have been declared applicable in the notarial deed of division. This states which parts of the building are 'common'. To my knowledge, the roof is communal in all cases; the replacement costs are borne by the VVE. The insulation is a bit more difficult: given the age of your building (1960s), there is probably nothing in the model regulations about insulation, because that was not really a thing back then. The old roof is not insulated, so the insulation is an improvement, the VvE could argue. You could argue that there are no more uninsulated roofs these days and that the fact that the roof is uninsulated damages your apartment. A difficult discussion. The General Meeting of the VVE can decide that insulation should be considered a common part, but of course I do not know whether the General Meeting of the VVE is prepared to do this

Questioner

Thank you very much for your prompt response. Can I assume that when the AGM decides on new roofing, including insulation, with the bill paid by the VVE, that the VVE sees the insulation as a shared/public space? I have now sent a draft summons to the VVE. Can I forward it to you so that you can check its legal content? Of course, for a (small?) fee? I intend to submit the summons to the (subdistrict) judge on Monday, August 3. Thank you in advance for your response. Yours sincerely, .

Lawyer

The decision of the AGM and the order from the VVE now confirm that this concerns a communal part of the complex, including insulation. You indicate that you wish to initiate summary proceedings, for which some additional 'rules of the game' apply, which I will also explain to you.