Legal Question about VVE Liability

Questioner

An additional 60 cm of garden was added when our complex was completed 20 years ago. The corner house must give this back. A new fence is now being installed. Should this be paid by the corner house or by all members of the VVE?

Lawyer

Possibly a time-barred issue. Has that already been investigated or is the situation now such that the current owners have already accepted restitution and have therefore waived any rights? If so, they also take liability for the damage with them. In this case, moving a fence or purchasing one. I do not see why the VVE should have any responsibility in this. To be really certain, the rules must be studied and all facts (from the moment of demarcation and delivery)

Questioner

Thanks for your response, unfortunately the board of the VVE negotiated in this. At least that is what I understood. And apparently they agreed, we as members are now confronted with a partial payment. The owner of the land does not want to pay everything for the new fence. This is a construction company that has built new flats next to ours.

Lawyer

It depends on how it was delivered, but because the VVE was apparently able to pass judgment on it, I assume that there is an authority that in turn leads to shared liability of the members.