Legal advice for VvE problems

Questioner

Dear Sir/Madam I live on the first floor of an apartment building. A leak has been discovered on my patio, and there's now a leak in the garage below. There's wooden decking on my patio. I've received written permission from the board to have it installed. To determine and resolve the cause, some of the decking needs to be removed. There's a risk that the decking will become damaged afterward and may need to be replaced. The homeowners' association (VVE) believes I should have the decking removed at my own expense and also be responsible for any damage. In our 1973 VVE regulations, I found the following text in Article 10.3: 3. If access to or use of a private area is necessary for performing an action related to the common areas or property, the owner in question is obligated to grant permission. Any resulting damage will be compensated by the association. I would like to know from you who should actually pay these costs. Kind regards.

Questioner

The deck becomes part of the social property if it cannot be removed without significant demolition or damage (to the foundation). Otherwise, you remain the owner and will be responsible for the damage. Is there nothing about this in the agreement or are there no regulations regarding this?

Questioner

Nothing about payment anyway. Last year, several private awnings were removed and replaced at the association's expense to replace the joints. Isn't this the same case? Or am I mistaken? Would appreciate some clarification. Kind regards. Mr. Helmich

Questioner

Yes, if the floorboards can be removed just as easily. No, if that requires some demolition work, because then the rules of accession apply. (Transfers ownership)

Questioner

Nothing about payment anyway. Last year, several private awnings were removed and replaced at the association's expense to replace the joints. Isn't this the same case? Or am I mistaken? Would appreciate some clarification. Kind regards. Mr. Helmich

Questioner

Nothing about payment anyway. Last year, several private awnings were removed and replaced at the association's expense to replace the joints. Isn't this the same case? Or am I mistaken? Would appreciate some clarification. Kind regards. Mr. Helmich

Questioner

Nothing about payment anyway. Last year, several private awnings were removed and replaced at the association's expense to replace the joints. Isn't this the same case? Or am I mistaken? Would appreciate some clarification. Kind regards. Mr. Helmich

Questioner

Indeed, if the decking is easy to remove, you'll have to file a claim with the homeowners' association (VvE). However, I'm reading the article differently. Only damage to private areas is covered; just because your decking is on a shared property doesn't make it a private area.

Questioner

Nothing about payment anyway. Last year, several private awnings were removed and replaced at the association's expense to replace the joints. Isn't this the same case? Or am I mistaken? Would appreciate some clarification. Kind regards. Mr. Helmich

Questioner

Nothing about payment anyway. Last year, several private awnings were removed and replaced at the association's expense to replace the joints. Isn't this the same case? Or am I mistaken? Would appreciate some clarification. Kind regards. Mr. Helmich