Nuisance from smoke from downstairs neighbor.

Questioner

My downstairs neighbour has installed a smoke/gas exhaust in the facade at the back of the house. Without consulting the VvE. This exhaust is causing a nuisance in my apartment. The steam that comes out of the exhaust every day has damaged the window frames of my apartment. The steam from the exhaust also enters my upstairs bedroom. The steam may contain carbon monoxide. The smoke/gas exhaust does not meet the legal requirements. Municipal report in my possession. Neighbour refuses to lead the exhaust upwards via the roof as proposed by the municipality. Neighbour has been requested in writing several times to adjust the exhaust. Without result. Is it true that in the event of a possible step to court, the judge will rule that the neighbour should never have installed this smoke/gas exhaust in the facade, but that this exhaust may not be removed either? In short, that I, as upstairs neighbour, have to accept the nuisance? The VvE management is not doing anything about this either. Is it true that if the municipality were to impose a fine, all owners of our small VvE (3 owners in total) would be liable for this? What can I do about this nuisance, now that the downstairs neighbor and the VvE do not want to cooperate?

Lawyer

It is annoying to hear that you have a conflict with your downstairs neighbor and the VvE. In the Netherlands, there are several steps you can take if you are dealing with nuisance from your neighbor. 1. Communication: First try to talk to your neighbor again to find a solution together. Sometimes a good conversation is enough to solve the problem. 2. Put it in writing: If your neighbor refuses to cooperate, write a letter explaining your complaints and setting a deadline for improvement. This letter can later serve as evidence. 3. Mediation: Consider bringing in an independent third party. A mediator can help find a solution that satisfies both parties. 4. Legal action: If no solution is found, you may consider taking legal action. For example, you may hire a lawyer to advise you on the steps to take. This may range from filing summary proceedings to stop the nuisance to requesting legal proceedings to terminate the leasehold or rental agreement. As for the VvE, they have a duty of care and must ensure that you can live in peace. If the VvE refuses to take measures, you can also consider legal action, such as taking legal action against the VvE. It is advisable to seek advice from a legal expert or lawyer to determine the best solution for your specific situation. These situations are often complex and a good solution depends on many factors.