Who is responsible for consequential damages?

Questioner

The grilles in my window frames are defective. The VvE had a technician come and he found that the grilles were placed incorrectly and were defective. These grilles need to be replaced, To replace these, the blind strips (which are glued to the windows and sit on the inside of the windows) must be removed. My question: The VvE pays for replacing the grilles, but who is responsible for removing and replacing the blind strips? NB. The guarantee for the grills has expired. The apartment is 3 years old, the guarantee was 2.5 years.

Lawyer

In this case, there are a few factors to consider. First, are you responsible for the blinds yourself or is this included in the maintenance plan of the VvE? Second, who is responsible for the incorrect placement of the grilles and whether this falls within or outside the warranty period? The maintenance of the blinds is often the responsibility of the owner of the apartment unless otherwise stated in the deed of division or the bylaws of the VvE. If the blinds are your property and the damage during removal and re-installation is not caused by negligence of the contractor or fitter, you may be responsible for these costs. The costs for the grilles will probably be borne by the VvE as they are a structural part of the building. If the grilles are placed incorrectly, it also depends on whether this was discovered within the warranty period or whether there is a hidden defect. It is difficult to give unambiguous advice without all the specific details. I recommend that you consult the house rules and the deed of division of your VvE and/or discuss this with your VvE and possibly a lawyer or attorney. ---------------- 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.