Investigating a Blockage? Legal Advice for Homeowners

Questioner

Last year I bought an apartment and moved in February. Last June the pipes got clogged, for this I had a plumber come in the evening - to prevent leakage. The costs were high and the plumber indicated that he had been in the building more often (once every 2 to 3 years) for similar problems. I found a fellow resident who can confirm this. The blockage was not in the pipes of the apartment itself, but deeper in the 'main pipes' of the building. Now I have asked the previous owner to reimburse these costs once, because I was not aware of this hidden defect when I bought the apartment. However, the seller indicates that he did not know and that it was never discussed during the AGM. I will bring this up at the next meeting. My questions now are: Is this a hidden defect? ​​And what is the best thing to do in this situation?

Lawyer

It is clear who caused the blockage. If the blockage is deeper, this is indeed a VVE problem of common matters and use. In advance, this is not directly a hidden defect because you probably do not know the details yet. In addition, a hidden defect must seriously hinder normal use of the home, and finally, liability for defects may be limited in the contract. It is possible that the seller has consciously or unconsciously concealed a property of the home, which is something different from a hidden defect.