Liability by management company?

Arbiter of Good Taste

I own an apartment in a small complex which has a secure car park with electric gates. Each winter the gates become wonky once the temperature drops. The buzzers don't work and you have to manually open the heavy gates, and you are lucky if you can get your car through before the gates close on the side of the car.

The owners manage the complex ourselves and we have appointed two owners to run the management (for a fee). I have complained year on year and have been told that someone has been sent out and can't see anything wrong.

Frankly the management is not good, but that's a rant for another day.

A couple of years ago my own car door was damaged by the gate, but didn't see any point in saying anything.

I now rent out the apartment and my tenant is (rightly) complaining. I have complained to management as has other owners. If the tenant injures herself, or her car is damaged, I am assuming she will look to me to compensate her, as her relationship is with me. But if it came to that, would I possibly have comeback from the management?

I am still putting pressure on the management to fix the damn thing as I really like my tenants and don't want them to move out (nor do I want them to suffer damage to their persons or property), I'm just wondering if I threaten to claim off the block insurance/sue the management if I am out of pocket for damages/injury will I be laughed out of it?

I appreciate that by suing management (if there is damage at some point) I am effectively (partly) suing myself as an owner, but it might force the others to get their fingers out if they realise they could also be hit in the pocket (likely by increased management fees).

Mr. Incognito

Suing the Management Company will only result in management fees going up

Why don't you ask when the AGM is, attend and have some of the other owners nominate you for the Board and then you can change it yourself.

Arbiter of Good Taste

Mr. Incognito wrote: »

Suing the Management Company will only result in management fees going up

Why don't you ask when the AGM is, attend and have some of the other owners nominate you for the Board and then you can change it yourself.

I know, but my point is that it will also increase the fees for the crap management so the risk might make them take the finger out.

I have already done my stint of managing the block so I am not just complaining from the background. I appreciate it is a pain, but there were no problems like this when I was running it. And even if it is a pain, they are getting paid, and are free to relinquish the role if they wish. In fact I have been consistently bringing up at meetings appointing a professional manager, as has others

Peregrinus

Presumably, fixing the problem will also result in the management fees going up - though hopefully by not as much as if they get sued, lose and then fix the problem.

Questions of strategy aside, legally speaking, can you sue? Yes, you can, if your car is damaged by a defective gate. If your tenant's car is damaged by a defective gate then they can sue - as in, they can sue the management company; they don't have to sue you. And in fact their claim against the management company is probably stronger than their claim against you.

Arbiter of Good Taste

Peregrinus wrote: »

Presumably, fixing the problem will also result in the management fees going up - though hopefully by not as much as if they get sued, lose and then fix the problem.

Questions of strategy aside, legally speaking, can you sue? Yes, you can, if your car is damaged by a defective gate. If your tenant's car is damaged by a defective gate then they can sue - as in, they can sue the management company; they don't have to sue you. And in fact their claim against the management company is probably stronger than their claim against you.

Thanks. That's all I need to know. I don't want to sue and hope we don't need to. I just want to know if I can reasonably suggest this is a risk.

Mods you can close the thread thanks.

Paulw

Arbiter of Good Taste wrote: »

I am still putting pressure on the management to fix the damn thing as I really like my tenants and don't want them to move out (nor do I want them to suffer damage to their persons or property), I'm just wondering if I threaten to claim off the block insurance/sue the management if I am out of pocket for damages/injury will I be laughed out of it?

It's highly unlikely that you can claim on your block insurance for that. The excess on the block policy is likely to be higher than the cost of a claim. Usually the excess is €1,000, €5,000 or even €10,000 depending on the policy.

You need to deal directly with the directors of your management company. The more unit owners you can get on your side to complain the better. You are all in it together, so should be able to work it out together. This is something that should be discussed at your AGM, especially if it continues to happen each year.

Arbiter of Good Taste

Paulw wrote: »

It's highly unlikely that you can claim on your block insurance for that. The excess on the block policy is likely to be higher than the cost of a claim. Usually the excess is €1,000, €5,000 or even €10,000 depending on the policy.

You need to deal directly with the directors of your management company. The more unit owners you can get on your side to complain the better. You are all in it together, so should be able to work it out together. This is something that should be discussed at your AGM, especially if it continues to happen each year.

Believe me, it is....

MarkAnthony

I'm a bit confused as to your set up. You have two owners acting as the managing agent or directors of the OMC?

It sounds as if you've all abdicated responsibility to two people do act as directors and the managing agent. That's fine if they're doing the job but it sounds like they're not.

There's no point in suing ect. just get together and get it fixed.