Liability for moisture damage in apartments

Questioner

We have a question about moisture damage. We lived in an apartment complex and our bedroom on the ground floor is adjacent to a bicycle shed. We had been experiencing this since 2010 and had tried to resolve it several times with the Owners' Association. It was not until 2016 that a report was drawn up which showed that it was due to overdue maintenance. In February 2015, we replaced all our furniture in the bedroom due to severe mold and moisture damage. The problem now is that the VVE does not want to reimburse anything, nor does the VVE building insurance, nor does our contents insurance and the legal assistance we have does not include assistance with housing. Who is liable for the damage we suffered and where could this be recovered? We have suffered both financial and emotional damage and probably also physical damage from sleeping in a moldy and damp bedroom.

Lawyer

Due to overdue maintenance, damage has occurred and falls under a defect. If there is a defect in an item (for example a pipe), the owner of the item is liable for the damage resulting from this, art. 6: 174 BW. Before this liability can be determined, it must be assessed whether the item in question belongs to one of the apartment rights or is a common item. The answer to this can be found in the Deed of Division. According to the court in The Hague on the liability of an apartment owner or VvE in connection with the occurrence of a leak. The VvE building insurance covers (in broad terms) the damage to the building (walls, ceilings, floors, doors, windows and frames) that occurs due to unforeseen circumstances. However, the remedying of the cause of the damage is not covered by the VvE building insurance.