Legal Assistance with VVE Disputes

Questioner

I have a storage room in a common area (inner courtyard) and am a member of the VVE. Before I bought the house, an electricity cable was pulled from my meter cupboard to the storage room. This cable runs through the air but is visible. To my knowledge, the VVE has never said anything about this cable. Now I get the message that this is not allowed because this was not requested from the VVE. I assume because this cable is hanging in plain sight (for years) that the VVE was or should be aware of it. I find it strange that I now have to remove the cable because this is not allowed. Can the VVE simply demand this or is there some form of tacit agreement because it has been hanging there for years and in plain sight?

Lawyer

A number of aspects are at stake. Should you have trusted, because of the way in which the cable was installed, that this had been done with the permission of the VvE and in the correct manner, or should this have prompted you to ask questions about this when purchasing the apartment rights? Did the landlord offer the apartment rights with electricity in the storage room? In any case, it is not the case that you can rely on a tacit agreement. The VvE owns the building (you are also part of the VvE and are co-owner of the whole) and can then demand that you remove the cable if you cannot prove that the cable was installed with the permission of the VvE.

Questioner

Yes, that's a good one. Because the cable is hanging in plain sight and the PVC pipes around the cable were sprayed in the same colour as the colours used for maintenance, I did indeed assume that this was known. I myself did not ask whether this was done in consultation with the VVE. The cable is also hanging in plain sight in such a way that it must have been noticed all these years. Am I also responsible for the costs of removing the cable, etc.? The house was indeed offered by the previous occupant with electric storage. By the way, we are talking about a purchased apartment.

Lawyer

If the seller offered you (and sold) the apartment with electricity in the storage room, and that electricity now turns out to have been installed illegally, or at least unlawfully, then you can recover the costs of removing that cable from the seller; you can also claim damages from the seller for the fact that there is in fact no electricity in the storage room. This does depend on how long ago you bought it and what exactly the seller said about it when selling the apartment.

Questioner

Thank you very much for your quick and clear answer! House was already purchased in 2016... Thanks anyway!