VVE Liability: What You Need to Know

Questioner

Ir/Madam, For several years now, I've owned a corner apartment that's part of a homeowners' association (VvE). A few months ago, my laminate flooring was discovered to be warping. After inspection, it turned out that the cavity wall was already incorrect when it was built, meaning that water had been sitting in a sort of trough for 30 years, instead of being channeled outside. The wall has since been repaired, but I'm left with laminate flooring that needs replacing. The homeowners' association says this damage isn't covered by the homeowners insurance. I understand that, but as the victim of a construction defect, I don't think that's relevant to me. I mean, my floor was damaged due to a construction defect, and in my opinion, that's the homeowners' association's responsibility. It doesn't seem logical to me to not compensate for damage that people suffered through no fault of their own. I also stated that it was a liability issue for me. The homeowners' association (VVE) is responsible for the building, including proper exterior walls. Incidentally, when I signed the deed of sale, I never received any notification from the VVE that the exterior wall had been built incorrectly. My question is actually: Is the VVE obligated (whether through insurance or otherwise) to compensate for the consequential damage caused by my laminate flooring?

Questioner

You can only ask the VVE to resolve the problem. That has already been done. For the period during which the VVE was aware of the problem and the resulting damage but failed to act, the VVE may also be liable. For the remainder, the VVE bears no liability, and you can only hold the previous owner of the property liable. Contrary to popular belief, you cannot hold the contractor liable. Only the person who originally purchased the property can do so.