VvE liability for damage: Your rights

Questioner

Hello, my question is that in our apartments there are 3 apartments one below the other, do the plumbing pipes need to be replaced due to leaks and there is also asbestos in the plumbing pipes. We, as residents of those 3 apartments, have only just moved in and now it has been established a year ago through camera inspection that the floors already have weak spots, which is also a report. Now the toilet and shower have to be demolished and chopped and a piece of the ceiling is also being removed and 1 person also has water damage in the kitchen. Now the homeowners' association says that we have to pay for the tiles ourselves, but the homeowners' association saw a year ago that something had to be done about it, but did nothing about it at the time. My question now is: shouldn't the homeowners' association also pay for the tiles and, for example, the ceiling, because it is consequential damage due to the standing? I would like to hear from you. Thank you in advance

Lawyer

Article 6:174 BW stipulates that an owner of a building, in this case the VvE, is liable for damage if the following requirements are met: 1) the building does not meet the requirements that may be set for it in the given circumstances, 2) the building therefore poses a danger and this danger materialises, 3) unless it concerns another, defect-independent, danger. All damage caused as a result of the defects in the riser, including damage caused by the repair work, must therefore be borne by the VvE. You must therefore hold the VvE liable for this damage. This damage may be covered by the VvE's building insurance.