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Dear Community,

I can understand that this might require a legal review to confirm, but hoping to get guidance with the following situation.

 

I live in 1 of 3 apartments under the same VVE. I am living on the top floor with a 5/13 share. Our previous VVE beheerder was...terrible and lead to us having issues in our homes, now having to urgently do repairs because they were not taken seriously. 

I having been suffering from leakages for months coming from my roof (which has a small wooden terrace on top, am claiming that the costs for repairing or redoing the roof should be for the VVE. Our akte says the following:

 

“het onderhoud, herstel en vervanging van de terras gelegen op de eerste en derde
verdieping met het daaronder gelegen dak, komt geheel voor rekening van de -
eigenaar(s) die daar gebruik van maakt/maken.”

 

My interpretation is that the ‘met het daaronder gelegen dak’ is worded as a reference to indicate where the terrace is. Of course the terrace itself is for us to maintain, but our VVE reads it literally as ‘including the roof under the terrace’.

Am I wrong...?

 

Thank you,

 

Adrian Castillo

To my regret I have to disappoint you, the VvE seems to be right. The text in Dutch is very clear about it: the costs for maintenance, repair or replacement of the terrace and the roof should be paid for by the user of the (roof) terrace. So if the roof is leaking, you will be responsible for the repair and the costs.

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