Can the VVE/neighbours oblige me to purchase a new boiler?

Questioner

I have been living in an apartment complex with an associated VVE for a year now. The boiler of my downstairs neighbors needs to be replaced because it is broken. Nowadays you are only allowed to install HR boilers and they have to be connected to a modern flue gas duct. According to the installation engineer, my current boiler cannot be connected to the same ducts that HR boilers are connected to. My boiler is already quite old, but still works fine. According to the VVE management (external company), I am now obliged to buy a new boiler that can be connected to the duct. The costs of installing the duct are paid by the VVE (so indirectly by myself) and I have to pay the boiler + installation costs myself. It concerns € 2000. According to the VVE manager, agreements were made in the last VVE meeting about the flue gas ducts and boilers. I could not attend myself because I was on vacation, but below I have copied what is in the agenda and minutes. Can they now force me to buy a new boiler? Minutes: Combined flue gas exhausts: Mr. L. shows photos of the current situation of the combined flue gas exhausts. This leads to a dangerous situation because the current central heating boilers are based on a emit lower temperature flue gases. The condensation that occurs is alkaline (acidic). The old flue gas exhaust ducts are made of aluminium and are not resistant to acidic condensation water. there is a risk that holes will appear in the old channels, resulting in a carbon monoxide risk. meeting gives mandate to replace the old channels as well. Mandate €19,000,- Agenda item: Installing collective flue gas exhausts Following the last members meeting, an investigation was conducted into whether or not the flue gas exhausts are common. Although it is not possible to say with 100% certainty what the notary meant, it can be concluded that various flue gas ducts end up in a collective duct. This makes it very likely that the flue gas ducts are collective. The deed even states that the central heating boilers are common, but that the costs for this are borne individually. There is therefore a clear connection between the flue gas ducts and the Vve. Last year, 1 collective flue gas duct was replaced. The costs for this amounted to €7,700. The labour hours in particular make it an expensive job. There are still 3 collective exhaust ducts that need to be replaced. Because the current situation seems unsafe, we are requesting a mandate to replace the other collective ducts also to tackle. We request a mandate of €19,000 for this

Lawyer

The answer to this question is not simple, because it strongly depends on the articles of association and the internal regulations of your Owners' Association (VvE), as well as the decision-making that takes place within the VvE. In principle, the owner of an apartment will have to take care of the maintenance and replacement of a central heating boiler himself, since this normally belongs to the private part of an apartment. However, from the minutes and agenda I gather that this concerns a shared flue gas duct. This may have to do with the fact that the VvE also plays a role in this. You say that agreements were made during a VvE meeting that you could not attend. It is important to know that a decision by the VvE is in principle binding for all members, even if you could not attend the meeting. This means that if it was decided during this meeting that the existing central heating boilers should be replaced by HR boilers connected to a modern flue gas duct, you will in principle have to adhere to this decision. However, it is important that the decision taken is validly agreed and does not conflict with the reasonableness and fairness that members of a VvE must observe. This may include the question of whether other, less expensive solutions were possible, whether the costs for the members are reasonable and whether all members have had sufficient opportunity to express their views on the proposal. In your case, I would advise you to present your situation to a lawyer or other legal professional. They can then assess specifically for your situation whether you must adhere to the decision taken or whether there are possibilities to avoid this obligation. --------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.