Who determines method of restoration in VvE?

Who determines method of restoration in VvE?

When there is a defect in a common property, the VvE must take care of repairs. Discussion can then arise as to how this repair should take place. Recently the Court of Appeal ’s-Hertogenbosch comments on this question. Myrthe de Vries, who works at Lexys Lawyers and specializes in VvE law, talks about the Court of Appeal's decision.

Repair common areas

An Owners' Association (VvE) regulates, among other things, the maintenance or repair of common parts of the building. What belongs to the common parts is regulated in the subdivision deed. This may include the building's foundation or roof as well as the exterior facade.

Front door apartment needs to be replaced

An apartment owner was experiencing problems with her front door, as it was no longer closing properly. She requested that the VvE replace this door with a new one.

VvE meeting: replacement not needed

The VvE stated, based on a contractor's advice, that the door did not necessarily need to be replaced. The door should be reset and fitted with draft strips. This, according to the VvE, would also solve the problems, and would be many times more economical. She presented this to the membership meeting and by a majority vote it was decided to follow this advice. The VvE then made an appointment with the contractor to set the door and install the draft strip.

Owner disagrees with advice

However, the owner of the apartment refuses to have this work done. According to her, this is not sufficient and a new door must be installed at the expense of the VvE. She goes to court.

VvE determines method of repair

The Subdistrict Court of Zeeland-West Brabant ruled that the VvE was right. According to the court, the owner of the apartment has not sufficiently substantiated that the quality of the front door is so bad that it cannot be repaired. However, the owner does not leave it at that and goes into appeal. Again, she argued that resetting the door and installing draught strip would not solve the problem. The Court of Appeal of ’s-Hertogenbosch ruled that uncertainty remains about this because the owner refused the work. The Court of Appeal rules that this is for her account. The Court of Appeal concludes that it has not been established that replacement of the front door is necessary to make the front door close again in a sound, acceptable manner.

Compensation from VvE?

The owner also claims damages of the VvE because she has higher heating costs due to the defect in the door. The Court ruled that the VvE had not culpably failed to fulfill a maintenance obligation incumbent upon it. The VvE has offered to repair the defect. It has not been established that the VvE did not act with sufficient diligence. That the owner has refused to cooperate has been established. The higher heating costs are therefore for her account.

VvE lawyer on questions of how to repair

So in principle, the VvE can determine which method of repair it wants to use. Only when it can be shown that this method of repair does not solve the defect, an apartment owner can require another method of repair. Do you have questions about your VvE? Please feel free to contact our lawyer Myrthe de Vries.