Legal questions regarding neighbour law resolved

Questioner

Good day Our neighbors have taken legal action against us, asking us to secure and blind the windows of our apartment because it is within two meters of the property line. It concerns an old city center that has been there in its current form for more than 10 years and the permits have already been issued, including transparent windows After ¾ year of purchasing the apartment we received this message My question at this point is, aren't they the wrong people to initiate this action? As in, shouldn't they be submitting this to the homeowners' association? And can I therefore ignore the 15-day period? And another question, haven't the deadlines for filing an objection expired (as far as I know 6 weeks)?

Questioner

No, you are being held personally liable under neighbor law (civil law): The homeowners' association (VVE) is only responsible for common areas and appearance. They may, however, be held liable in some way. It is certain that no transparent or openable windows are permitted within the 2-meter boundary. If you need more time to respond, simply state this in a letter, stating that you are submitting the matter to a legal professional and that they require more time.

Questioner

Thanks for the quick response Monique, But I am not allowed to unilaterally change the appearance of the shell without permission from the VVE. And I find it strange that neighbors who move into their home after the building is completed can still demand that the shell be adjusted. Shouldn't we be protected from this? I understand the process if it concerns a new building, but after the fact

Questioner

That's why I also say that the homeowners' association (VvE) may play a role, especially if this is a problem that could occur in multiple apartments. Only if the windows were in place for more than 20 years in this way would you be able to invoke statutes of limitations. Now it becomes more difficult, perhaps implicit consent or unnecessary inaction by the neighbors. Do you have legal assistance? In particular, you could potentially invoke force majeure or shift liability. But that needs to be investigated.