Advice on heating in an apartment - Legal Advice Centre

Questioner

I have a purchase apartment in a flat with block heating (central boiler on the roof of the flat). My question is actually the same as the one asked by this questioner: http://www.rechtswinkel.nl/responden/19543/hallo-ik-woon-in-een-appartement-diatverwarmd-wordt-door-blokverwarming-nu-heb-ik-gemerkt-dat.html Can the board of the VvE turn off the heating? This happens in the spring and autumn (turn it back on) but I do not agree with that! In my opinion, in the Netherlands there is a RIGHT to heating and I also pay for it. Every resident has a own dial on his heating to decide for himself when you want heat or not. Is there a reason to hire a lawyer in the worst case? Apart from the fact that it is now decided for me how I should live, it is also spoils the enjoyment I wish to have in my purchased apartment.

Lawyer

The board may only switch off the heating in the stated periods of the year if a decision has been taken by the meeting of owners. The board is only responsible for managing the resources of the VvE and implementing the decisions of the meeting. Switching off the heating is such a decision. This must have been taken, otherwise the board is not authorised. I am specialised in apartment law and, if desired, I would be happy to advise and assist you in this fundamental matter.

Questioner

Thanks for the quick response! At the moment I am waiting for a response to an email I sent after turning off the heating yesterday, March 14 (quite early in the year I think). I will wait for this response and depending on this response I will decide whether or not I should continue with legal support. As far as I know there has never been a decision that was supported by the members meeting or it must have been before I started living there (about 8 years ago). It is not bad management and they do listen when there are multiple complaints. I suspect that I will not be the only one who has filed a complaint ...