VVE liability for mold problems

Questioner

I live in a house with four apartments. The resident of the ground floor has made part of her basement habitable by raising the floor of the living room. Now she complains about mold. According to the deed of division, the basement is part of her apartment. Is the VVE liable for making the basement moisture-free?

Lawyer

Since the basement, according to the deed of division, belongs to the private part of the owner of the apartment right that entitles her to use the home on the ground floor, the VvE is not financially responsible for making the basement moisture-free. This may be different if the moisture nuisance in the basement is caused by a structural defect in the walls of the basement or, for example, the foundation. These are the common parts of the building and the maintenance or repair thereof is the responsibility of the joint owners.