Removing flues from upstairs neighbors can lead to complex legal and practical issues. It's essential to understand your rights and obligations in such situations, especially within a Homeowners' Association (VvE).
Common or private property?
Whether a flue belongs to the common part of the building or is privately owned depends on the deed of division and the accompanying regulations. In many cases, flues are considered common, unless explicitly stated otherwise. The Arnhem-Leeuwarden Court of Appeal ruled on December 28, 2021, that flues are common if the deed of division does not exclude this.
Responsibilities within the VvE
If the flue is communally owned, the homeowners' association (VvE) is responsible for its maintenance, modification, and any necessary replacement. This means that individual members may not make changes that affect the flue without permission. Therefore, removing a flue by an upstairs neighbor without approval from the VvE may violate the rules and could result in liability for any damage or nuisance.
Steps you can take
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Communication with the upstairs neighbors : Start with an open conversation to discuss the situation and look for a mutual solution.
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Consult the deed of division and the regulations : Check how flues are classified and what procedures must be followed for changes.
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Inform the homeowners' association : Inform the homeowners' association board of the situation. They can assess whether the upstairs neighbors have infringed on shared property and take appropriate action.
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Seek legal advice : If discussions and internal procedures do not lead to a resolution, consider seeking legal advice to protect your rights.
Conclusion
If upstairs neighbors remove flues without permission, this can lead to legal complications and safety risks. It's crucial to carefully assess the situation, follow the correct procedures, and, if necessary, seek legal advice to protect your interests.
