Liability of VvE in case of leakage | Legal aid

Questioner

Dear ls, As an apartment owner I have already indicated to the VVE several times last year that we have a leak, we have our dormer window at the front of the house. This has still not been resolved to this day, now it turns out that our downstairs neighbors also have a huge leak in their dormer window at the back. The VVE has now taken photos of the leak in that apartment and say that the roof now needs to be repaired, we also indicated this last year. The VVE now wants to blame the damage that the neighbors have on us, can and may this? And can we hold the VVE liable for overdue maintenance?

Lawyer

If the damage originates from your property, you must repair the damage yourself. In the case of damage to common parts of the home, the VVE will have to pay for this. Why the VVE did not resolve the damage after your report is a mystery to me. The fact is that based on your explanation, it is unreasonable that you should be liable for the damage of the downstairs neighbors. It is quite possible that due to overdue maintenance, the VVE itself is liable for repairing the damage. I advise you to first file a written complaint with the VVE and instruct them to repair your damage as soon as possible. If the VVE refuses, please contact me directly for consultation.