Liability of the Owners' Association in case of leaks

Questioner

I bought an apartment last year and informed the homeowners' association (VVE) that the flue pipes were no longer suitable for the current central heating boiler. They didn't do anything about it. Six months later, the heating engineer came and said the flue pipes were leaking, causing the wall of the central heating room to be completely covered in mold. They also took a carbon monoxide test. This isn't just the case for me; my upstairs neighbors are also affected. The installation company reported the leak to the VVE, and they promised to take action, but nothing has happened yet. It's now been over a week and we can't use the boiler, and I have a small child who's just six months old. Is the VVE obligated to fix this as soon as possible?

Questioner

The VvE is obligated to promptly respond to reports of damage to common property, especially urgent ones such as a leak. If the VvE fails to take timely action, the VvE may be liable for any damage resulting from this negligence if the damage is the result of a defect in the common property. You could also hold the VvE liable. If you are unable to reach an agreement and a legal dispute arises, please contact me for a consultation. Click the direct contact button next to this answer under my name.