Management Company & Public Liability

[JoeC]

Hi....
Quick question about management company public liability when an area has been take in charge by the Council.

I currently own a house in a small development of 8 houses. There is a management company in place, and the Council has taken the area in charge. We are each charged €650/annum for what appears to be just public liability insurance and accounting. There the management company (made up largely of the developers/landlord owners of most of the other houses) carries out no other maintenace to the area. I have been carrying out all maintenance to green areas etc. with one other neighbour.

As the area is taken in charge by the local South Dublin Co. Council, and it is not a private estate, i.e. full right of way to the public, is public liability insurance meant to be picked up by the Council? Does anybody know exactly what the duties of the Council and the Management company would be in this regard?

As it's a public right of way, I don't understand why the property owners should be liable for any injuries to the public. We should surely be allowed to erect gates and restrict access?

Any thoughts appreciated?

 

[ramble]

You need to check exactly what the council has taken in charge. It may be just the roads, sewers, surface water and mains water. This leaves the open common areas for the management company which if they have been transferred by the developer to the management company need to be insured and looked after by the management company. As there are only 8 houses you would probably be better to get together with the other owners to see if the public spaces could be dealt with in some way other than a management company which as you have noticed is an expensive way to cut a bit of grass. In the 1970's the owners of the houses were usually given a piece of the common areas each, in a large estate this is difficult but with only 8 houses should not be difficult if the areas are easy to divide. Individual owners would not be able to fence in "their" bit as this would contravene the planning permission but they could insure the bits under their household insurance. I have done this myself having owned a bit of common areas in a previous house. The insurance company didn't have a problem and there was no increase in the premium. I would say the 650 each would cover professional fees to wind up the company and convey the bits of land - then no more management fees.