Costs of mechanical ventilation and VVE: who pays?

Questioner

I live in an apartment building. Now the motor of the mechanical ventilation in my apartment is broken. This mechanical ventilation is located in the cupboard where the cv is also located. Then the ventilation ducts go to a common shaft. And there are ventilation points above the kitchen, in the shower and toilet in the apartment. Now I state that repairing the mechanical ventilation motor falls under the costs of the VVE, with the background of article 9, point 1b for air treatment. Model regulations 1983. The Deed of Division of the apartment complex does not include an exception for air treatment (but it does for central heating). The board of VVE is currently of the position that the mechanical installation in the private part, costs for management and maintenance are for the account of the owner. In a meeting in 2006 it was decided that costs for management and maintenance of mechanical installation are for the account of each owner. The VVE board respects this decision. My question is whether costs of management and maintenance of mechanical installation fall under F. management and maintenance of common areas and common matters? Article 9, point 1b. Air treatment. Or whether I am missing something?

Questioner

Is there no one among the lawyers who knows the answer to this question? It would help me immensely to know how this works with air conditioning referred to in the 1983 model regulations.

Lawyer

see art 10 regulations; in case of doubt the VVE decides. Otherwise; does every apartment have such an installation or is this installation of the building by chance in your private part? In the second case you have a case.

Questioner

Thank you for your answer. I myself thought that Article 10 was about things that were not mentioned in Article 9. In model regulation 1992, article 9, 1b, an explicit rule has been added 'everything to the extent that those installations do not exclusively serve one private section.' That is super clear and probably not for nothing that this rule has been added. In model regulation 1983, that explicit rule has not been included. Each apartment has such an installation.