VVE Liability: Who is responsible?

Questioner

As the owner of an apartment, I am also a member of the VVE as required. However, I am now wondering something. On the shared balcony (walking area) all the tiles are loose. You could almost break your legs over this. Now I have spoken to my neighbor, who is on the board of the VVE about this. He came up with the answer that the contractor who built the building is responsible for this. But isn't it the task of the VVE board to follow up on this? And suppose I or someone stumbles, who is responsible for this?

Lawyer

The tiles on the shared balcony are indeed a matter for which the VvE is responsible. If there is a defect from the construction, the VvE must make a claim under the guarantee with the contractor. If damage occurs due to the dangerous situation, the VvE is primarily liable for this, but they can pass the claim on to the contractor.