Legal questions about VvE and real estate?

Questioner

We recently had an inspection carried out of the crawl space under the floor due to wood damage in the past, which we had treated in 2008. The inspection showed the condition of the floor to be good, with no indications of new damage. There are a few beams with a soft bottom head that will sink slightly into the wall, which can be secured with wedges. At the front there is one piece of bad beam, where a new part must be inserted. Due to insufficient ventilation (as a result of an extension by the previous owner), it is also recommended to install 2 additional grilles at the front. The VvE of the house is split in two (between owner of the ground floor and owner of the top two floors). Below is a copy of the deed of division. Based on Article 9 paragraph 1 point 1 a, it can be stated that the beams form part of the foundations and belong to the frame of the building with the subsoil (first and third dash). However, in point 2 (second dash), the floors and walls that do not form a separation between the common and private areas are excluded again. Ask: 1. Should the beams under the floor be considered part of the foundation or the frame of the building (this does not refer to the floor itself, but to the support beams underneath)? 2. In connection with the first question, are the costs for adjusting the beams for the VvE or for the owner of the ground floor? 3. Are the costs for installing 2 grilles to improve the ventilation under the floor for the VvE or for the owner of the ground floor? Thank you very much for your response. Deed of division: Article 9 paragraph 1 1. Common areas and matters include, but are not limited to: a) - the foundations - the load-bearing walls and the columns - the skeleton of the building with the subsoil - the rough masonry, as well as the floors with the exception of the finishing layers in the private areas - the exterior walls, including the window frames with glass - the doors which are located in the outer wall or which form the separation between the common and private areas - the balcony structures and the parapets - the roofs, the chimneys and the ventilation ducts - the fencing and latticework, insofar as it does not concern private garden fencing, as well as the (standard) hinges and locks on frames that are located on the outside wall of the building b) the technical installations and associated pipes, in particular for central heating (including radiators and radiator valves in private areas) and for air treatment all to the extent that such installations are not exclusively intended for the use of a private area. 2. The following are not considered to be common areas and matters: - the windows, doors and frames with glass, hinges and locks, which do not form a separation between the common and private areas, nor do they form a separation between the separate private areas - the floors and walls which do not form a separation between the common and private areas nor form a separation between the separate private areas

Lawyer

I believe that the beams are common and that the costs of repairing these items should be borne by the VvE. The same applies to the costs of installing ventilation facilities in the crawl space.