Leaking shower drain drain

Questioner

We had a leak in the floor between the drain of the shower drain and the riser of our owner-occupied apartment for a long time. The pipe runs through our floor and then through the central hall to the riser. Our VvE manager indicates that the costs of the deductible (building insurance) are at our own expense because we are the only ones using the drain. What are the rules here? Because I have read the entire deed of division and the house rules here and I can't find anything in them. Only in the model deed that can be downloaded from the website of the VVE manager it states that if it can be made without damage it is at the expense of the owner and otherwise at the expense of the VVE. I hope you can help me with this.

Lawyer

Normally that what is private is private burden, so in this case indeed if you only use the riser the costs will be for you unless this is specifically also arranged for other similar cases in the deed of division. Sometimes it is also mandatory to call in a certain company in case of leakage problems.

Questioner

Dear Mrs. Ferwerda, Thank you for your answer. We are not the only ones using the riser. The 2 apartments above us also use it. Nothing is included in the deed of division and house rules. Only a model deed states the following: the maintenance, repair and replacement of rainwater drainage pipes and waste water, the meter cupboard and the pipes for the transport of gas, water, electricity and telephone, audio and video signals from the meter cupboard to the Private section and/or in the Private section, including the drain pipes and pipes located in a floor or wall that separates the Private area encloses and which can be reached without causing significant damage to the concerning floor or wall, all to the extent that the relevant facilities exclusively for the benefit of the relevant Private section. Damages significant damage is damage that cannot easily be repaired by the Owner become;

Questioner

From this I conclude that it is not for my costs but for the VVE? Because they had to dig out the entire drain to fix the leak

Lawyer

Yes indeed because I read some things exclusively for the benefit of private and this standpipe is not that after all several apartments have the enjoyment of it. And moreover considerable demolition work was necessary as a second argument. I would really then present the bill to the VvE.

Questioner

Dear, Thanks a lot for your answer. We will work on it.