Solving VvE problems | Free legal advice

Questioner

In November I bought an apartment at a house auction. I did not have the opportunity to view the house (from the inside) beforehand. When I first entered the apartment after purchasing it, the windows in the living room seemed quite dirty. It later turned out that they had been affected by acid. The suspicion is that there is a cement veil, which also explains the existing leaking canopy above the windows. In addition, joint work had been carried out in the recent past. Since the defect seriously affects the quality of living, I have raised this issue with the homeowners' association. After being kept on a string for a long time, the homeowners' association's position is that the previous owner probably threw acid over the windows (which, given the way the window opens and closes and the location of the apartment (high floor), is physically impossible) and that I have to pay the costs for replacing the windows myself. It is also stated that I am not allowed to hire someone myself, but have to ask permission from the homeowners' association (forced to shop with a (friendly?) contractor). Third parties that I have had in the house also talk about cement veil. Even the contractor indicated at an earlier stage that this is definitely a homeowners' association issue, but is now suddenly keeping a low profile. When I asked why this apartment was the only one with a leak awning and what its history was, I received no answer (despite repeated requests). I am now considering putting the homeowners' association in default, suspending the homeowners' association contribution and (after a reasonable but short period of time) having the window replaced at my own expense and not paying the homeowners' association contribution until these costs have been compensated. My question now is: how can I force the homeowners' association to fulfil its obligations and where does the burden of proof lie with regard to the cause of the defect?

Lawyer

You must give the VvE written notice of default and demand cooperation. If they fail to do so and/or do not want to cooperate, you can bring the case before a judge and have this cooperation enforced. If you would like further assistance and/or advice, please feel free to contact me. My advice is to continue paying the VvE contribution, then they cannot blame you and you will meet your obligations.