VVE responsibility and costs: who pays what?

Questioner

Our VVE consists of 3 apartments and a shop (tanning studio). The top apartment bought the storage rooms (on the fourth floor) of the other owners in 2009 and added them as living space via a new deed of division. The building in the Randstad has cavity walls up to and including the third floor and on the fourth floor this is a single wall. Now the owners are suffering from penetrating moisture on that fourth floor (because it is a single wall) and they want to impregnate the facade to prevent this. My question is whether this responsibility and costs can be recovered from the entire VVE or only from the residents of this floor. In my opinion, they decided at the time to add the storage (which was not intended as living space) to their home as living space with all the associated risks. Surely the VVE should not incur costs for improving the living space of a single resident who has chosen to do so themselves? If I decide to add the basement to my living space and I experience penetrating damp, isn't this also my responsibility? I hope you can help me further with this question.

Lawyer

The owner of the property must also ensure the maintenance of this property and cannot let the VVE do this.

Lawyer

The answer to this question can be found in the deed of division. It describes whether the outer wall at the level of the 4th floor is common or belongs to the relevant apartment rights. If there is a common wall, the deed of division also describes how the costs of maintenance etc. are charged.