Right to ask and VvE: Discover your rights in the event of concrete rot

Questioner

I have my eye on an apartment built around 1965. There is visible concrete rot on and around the (free-hanging) balcony of the upstairs neighbors. Can I oblige the upstairs neighbors or homeowners' association to have the concrete rot repaired due to danger? Who will then pay the costs? Furthermore, I am curious whether I can oblige the VvE to have the risers containing asbestos and/or lead removed and replaced. Then as a last question: Am I obliged to participate in the collective block heating (central heating) or can I have my own central heating system installed?

Lawyer

Thanks for your questions. If the concrete rot demonstrably poses a danger, you can force the VvE to carry out repairs. The costs of this will then be borne by the VvE, i.e. the joint owners. The same applies to the risers. Replacement of these can also be demanded from the VvE if this is necessary given the structural condition of the risers. You are obliged to participate in the collective block heating if this is regulated in the deed of division and/or the division regulations. With the permission of the meeting of the VvE, you can install central heating yourself and at your own expense, but this does not release you from your obligation to contribute to the costs of maintaining the block heating and consumption insofar as this has not been split. With regard to the latter, one must think of the heating of any common areas, such as halls, entrances, etc. I am specialized in apartment law and, if desired, I am happy to advise you further in this matter and, if necessary, to assist you if it unexpectedly comes to legal proceedings. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.