Enforce repair work at a VvE?

Questioner

A leak has been detected in the concrete floor in my mother's apartment by a leak detection centre. The VvE's building insurance will not pay for the repair work, because there is no consequential damage. The VvE says that my mother's contents insurance must pay for it, but of course they will not pay either because there is no damage. In texts regarding case law rulings I read that pipes in the concrete floor (also in the private areas) are part of a system of pipes in the building and cannot be reached without cutting or breaking. Therefore, the pipes should be considered common based on the deed of division. For this reason, the costs of repair are for the VvE. Is this correct? And how can I persuade/force the VvE to take their responsibility and pay for the repair work. It concerns 17,000 euros and my mother cannot pay that herself.

Lawyer

It seems that the Owners' Association (VvE) has a maintenance obligation and responsibility to maintain shared components of the complex. As a member of the VvE, each owner contributes to the costs of this shared maintenance by means of the VvE contribution. In your situation, if repairs are required to common parts of the building (such as the roof, facade or foundation) that fall under the responsibility of the VvE, the VvE would in principle be responsible for financing and carrying out these repairs. To get the VvE to do this, you could first talk to the VvE board or raise the issue during the General Members Meeting. It would also be useful to check the deed of division and the VvE's internal regulations for rules and procedures regarding maintenance and repair work. If the VvE refuses to take action, it might be possible to submit the matter to the subdistrict court. The judge can possibly force the VvE to carry out maintenance. It is advisable to seek legal assistance at this stage of the process. For example, in drawing up a summons or representing your mother's interests in court. Please note that this may involve costs. The above advice is based on the general rules and procedures regarding VvE's in the Netherlands. The specific circumstances of your case may differ, so it is certainly recommended to have a conversation with a lawyer or attorney about this matter.