VvE law: Roof leakage and responsibilities

Questioner

I have had roof leaks in 4 places in my owner-occupied apartment on the top floor of a 40-apartment VVE for over 2 years. We use an external VVE manager. I have been strung along for 2 years. Occasionally, some small jobs are carried out, but the real repair work does not take place and proposals fail in the internal committees. In January 2016, I gave an ultimatum that the repairs to the roof had to be carried out by 1 March 2016. I hear or see nothing at all from the VVE and next week is 1 March. I would like to know what means of pressure I have to make the VVE take their responsibility. NB: In January, I stopped my service costs and I confirmed this in writing (including reasons).

Lawyer

The leaks are most likely caused by a defect in the common part of the building (roof). The VvE is responsible for such a defect and must remedy it. Since it concerns necessary maintenance of the building that will probably involve considerable costs, the meeting of the VvE must give permission to carry out the necessary repair work. If you have not yet specifically requested this, you must ask the board to convene a meeting, at which it will be decided to investigate the cause of the leaks and to repair the defect. If the board does not convene a meeting, you can do this yourself if this option is offered in the deed of division. If not, you can turn to the court and request a substitute authorisation to have an investigation carried out yourself at the expense of the VvE and to have the defect repaired. I specialise in VvE law and, if desired, I would be happy to assist you in this matter. Please feel free to contact me without obligation and free of charge to discuss what I can do for you in this matter.