Liability of VvE mediator: Legal Advice
Questioner
I reported mold formation on the facade of our apartment to the mediation agency of our VvE. Since the facade is part of the common parts, I asked the mediation agency to trace the cause of the mold formation through an independent construction agency. Now, only after several requests, as it turns out, have they commissioned their own handyman company to inspect our home. Since this particular handyman company is not a construction company and does not meet the criteria to provide an expert construction report. I pointed this out to the mediator, who initially agreed: 1. Have a building report drawn up 2. If the report shows that the VvE is liable, call a members' meeting to combat the mold formation In addition, I point out to them a possible deficiency in the common areas, where inadequate action can worsen the problem and the VvE will be faced with unnecessarily high costs. Ultimately, the mediator adopts a delaying strategy and wants me, as a resident of multiple apartment owners, to request written approval to call a meeting. I believe this is their responsibility. This visibly worsens the problem and I cannot rent out the property under the vacancy law. My #2 questions: Is the mediator (administrative office) liable for all material damage suffered by myself and the VvE from now until the moment they investigate and tackle the problem? What steps can I best take to ensure that the VvE and myself do not suffer further financial harm due to the negligence of the mediator? Thank you in advance for your help!!Lawyer
If it turns out that the mediator does everything possible not to take action, you can hold them liable for this. However, to do so, a number of steps must be met. Such as sending written reminders, etc. It is advisable to follow these steps, otherwise this may affect a procedure. If you require further assistance, please feel free to contact me.Neem de volgende stap
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