Rental and VvE questions answered

Questioner

We are the owners of an apartment with a roof terrace, completed in 1998. The roof terrace was part of the apartment from the start, so not self-constructed, is at water level and consists of hardwood decking. Underneath (partly under water) are the storage rooms of the building (59 apartments). In 1996 (so during construction) the deed of division was amended. The following was added to Article 18, paragraph 3: 'With regard to the apartment rights that also entitle to a terrace, it applies that if it is decided to replace or repair the relevant roof covering under the terraces (the costs of which must be borne by the association), the owners of those apartment rights must replace that relevant walkable surface at their own expense. Such owners are therefore not entitled to compensation as determined above in the paragraph.' The maintenance of both the roof and the terraces is planned for 2022, but leakage has been found in two storage rooms. The cause of the leaks is not yet entirely clear, but the board wants to propose to all owners to replace the entire roof (80m2) now. According to the board, this would mean that we and our neighbours would have to remove and replace the entire terrace (planters, decking and beams) at our own expense. Because the decking and especially the beams underneath are partly damaged and warped, we think that replacing the old parts will be a major problem and that a completely new terrace may have to be constructed. We ourselves do not think that the terrace needs to be replaced yet. This involves considerable costs (estimated at least €8,000 per apartment). We wonder whether the VvE may demand this of us and whether the costs should not be borne jointly. We also want clarity on this issue in case repairs to the roof may have to be carried out again in the future, so that we do not have to remove the terrace every time (at our own expense). Incidentally, the roof is not accessible without the decking. Our question is therefore: Can the VvE determine on the basis of the division deed that we not only grant a right of way but also have to pay the costs of removing/replacing/replacing the terrace parts for the purpose of a repair? Furthermore, our question is how, if a completely new terrace has to be constructed, you can determine which costs are for the VvE's account and which we should reasonably bear ourselves. Thank you in advance for your response.

Lawyer

I will make a reservation because I have not been able to view the deed of division myself, but as you describe it, it is a common provision: the roof with water-resistant facilities belongs to the common property and everything above it (i.e. decking with beams or the walkable surface) is part of the private section. In the event of maintenance work on the underlying roof, the owner of the private section must cooperate and ensure at his own expense that the walkable surface is removed and replaced. There are quite a few variations on such clauses, particularly with regard to any compensation to be awarded. I would need to see the deed of division for the exact wording in order to be able to answer your question properly. If you send me a message via the 'contact me directly' button, I will send you the email address to which you can send the deed of division by means of a reply. I will then look at this free of charge in order to answer your question.