VvE liability for moisture damage | Legal aid

Questioner

I have been living on the ground floor of an apartment building for 9 years. A few years after I moved into this apartment, a damp patch appeared on an outside wall of my living room. Later I learned that other residents also suffer from damp patches on the outside walls of their apartment, which are the result of the paint that the contractor used for the outside walls (this paint apparently does not allow moisture to pass through, causing rising rainwater to come out on the inside of the walls). At least one other resident had the damp damage, which had the same cause, repaired at the expense of the Vve, and the cause of the problem was also addressed (the outside wall was sandblasted and repainted with different paint). The costs of this were (as far as I know) reimbursed by the Vve's building insurance. I reported the damp problem in my apartment to the Vve a few years ago. However, the Vve was not prepared to repair the damage in my apartment. The reason given was that the Vve did not have sufficient financial resources. What probably played a role, although it was not said, was that I had payment arrears at that time. There is no longer any arrears at this time. Nevertheless, the Vve is still not prepared to repair the damage that occurred in my apartment at the expense of the Vve. The damp patch in my exterior walls is getting bigger. Also, mold has developed. I want to sell my apartment, but that is not possible because of the damp patch. Furthermore, the value of my apartment has decreased because of the damp problem. Can I hold the Vve liable for the moisture damage in my apartment? Or will the costs for repairing it be at my expense?

Lawyer

You can certainly do that. The VvE is responsible for the maintenance and repairs of defects in the common parts of the building. The moisture problem in your apartment is clearly caused by a defect in the outer wall of the building, which the VvE must remedy at its own expense. If desired, I can draw up a letter for you, in which I point out the VvE's repair obligation and hold it liable for the damage you have suffered as a result of this defect. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.