bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Liability for accident in managed complex

Hi Brian.. Just wondering if as part of a management company i.e. paying management fees on an estate where I live with a fenced off lake. If I would be liable for costs arising out of a case taken for someone being hurt on this lake during recent cold spell.

The management company of an apartment block is usually an independent limited liability company and each of the owners are shareholders.  Provided you are not a director of the company then you should carry no personal liability whatsoever and all that will happen in the event of a serious accident in which the management company is held legally responsible is that if there is no public liability policy held by the management company, then the management company will go into liquidation.

 

As the management company only has title to and control over the common areas, then you and your apartment will be secure.

 

It may be worth while looking at the accounts of the management company (you are entitled to a copy as a shareholder) and see who carries the insurance on the property and what cover is there.  Equally there should be a “sinking fund” (which is an unfortunate phrase for your concern over someone falling in a lake) and this fund is there to meet emergencies – usually for structural problems with the apartment block such as subsidence and renovations and repairs.

 

2 things I'd like to add:

1. If the management company survives any "hit" on its finances over and above its sinking fund, then your service charges could increase.

2. If you are a rent paying tenant (not an owner) then you have no responsibility.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.