VvE and Liability: Get Legal Advice

Questioner

Ir/Madam, In a mansion, where I own an upper floor, I have a floating roof terrace (supported by 4 beams which rest on an outside wall). There is also a tacit association of owners. Shortly after my purchase 3 years ago, there was a negative reaction to making this an active association. Then I incurred costs on 'my' outside walls and drainage to carry out maintenance. Now the apartment has possibly been sold and the new buyer of this ground floor apartment is demanding a contribution to the complete renovation of his flat roof (under my floating terrace). I am not positive about this because, in my opinion, this is not my roof. In addition, the following: - No cooperation in the past on request for maintenance. - No budget or meeting has ever taken place within this VvE. - Private maintenance in arrears over the past 30 years (leaks everywhere due to outdated window frames). I would like to discuss what position I can take in this matter. I have the deed of division of 1986 in my possession.

Lawyer

A VvE cannot legally be 'dormant' and must actively reserve for major maintenance; it is required to maintain a reserve fund. The owners are jointly required to ensure that this obligation is met. If a reserve fund is missing, a fine of EUR 16,500.00 can be imposed on the VvE. The members of the VvE are jointly and severally liable for this! It is very likely that the deed of division states that the roof you are referring to is communal, so the maintenance costs are in that case for the VvE. This may be different if it can be demonstrated that the damage was caused by incorrect construction or incorrect use of the roof terrace, in which case the user of the roof terrace is liable for the damage. However, there are several factors that play a role here, such as: is the roof terrace on the division drawing? If so, is a maximum load included in the division deed? If not indicated on the division drawing: has permission been granted by the VvE for the roof terrace? If the roof terrace is not on the division drawing and permission has not been granted for it, then unfortunately it can quickly be stated that the user of the roof terrace is liable for the damage. I advise you to activate the VvE as soon as possible and to ensure that the roof terrace is legalised within the VvE. Any liability for damage to the roof is a tricky one; a statement from a building expert may be required to show that the damage to the roof was not caused by the construction and use of the roof terrace.