# Negligent behaviour by management company?



## allie12 (10 May 2013)

I recently had some work done in my apartment, my hubby put the old unit into the bin sheds (wrongly) and we got an email from the management company a week later asking us to remove it.
No problems, and were in the process of removing it, when on the same day we received the email I came home to find that they had stacked the units behind my classic car, with the high winds, or even kids playing there is a risk of them falling and causing damage to the car.

The only reason they have done this is because the car it is a distinctive car (other neighbours have dumped stuff and been asked to move it but have never had it placed where it could damage their property).  

Can I hold the management compnay liable for any damage?


----------



## elcato (10 May 2013)

> Can I hold the management compnay liable for any damage?


But there was no damage.


> The only reason they have done this is because the car it is a distinctive car


Seems you are speculating. Have you asked the company did they move the units ? It may have been a neighbor who just was annoyed at the fact that you put such stuff wrongly into the bins in the first place. You have admitted that.

There are often busy bodies in these places that take such tasks upon themselves.


----------



## allie12 (10 May 2013)

Yes I am speculating. The particular manger on site moved the units, something the management company owners were not aware of (now they are). 
There is no damage done so far- but all it takes is a gust of wind to bring them down-and before you ask I was not strong enough to move them myself this morning and even if I moved them back to the bin area they would no doubt just put them back.

This is the only time they have done this, as my car is quite unique it is common knowledge who owns it!! Dont see any of neighbours xmas trees (yes in May-and in the bin store area for 4 wks now, and they got a call about it) put behind their cars!!


----------



## Importer (10 May 2013)

This must be some sort of joke

You clog up the bin store with your old kitchen units and then you want to sue the management company for negligence when they return the units to you.

I just remembered why I dont live in a place like that.


----------



## AlbacoreA (10 May 2013)

How can you be in the processes of moving them, if someone else moved them?


----------



## jdwex (10 May 2013)

There seems to a series of issues between you and your management company. The last issue you had was because you weren't up to date with your fees.
http://www.askaboutmoney.com/showthread.php?p=1323271#post1323271

Great to see you now have the money to redo your kitchen (and presumably pay the arrears on your service charges!)


----------



## Luternau (10 May 2013)

The management company can have no liability here (nothing has happened) and you would have to show they moved them, leading to damage to have any chance.
They have asked you to remove them from the site, and so far you have not done this. So it seems that it is you that are being negligent. Best to get rid of them before damage occurs!! Can you not break these up an bring to municipal dump or get a van driver to do so? 
Where I live, we have the same problem with people dumping sofa, beds, appliances, etc in bin stores and its very selfish behaviour. If you lived in a house the normal bin collectors would not take these so why think it's ok in an apt?
To be fair, I dont think this has anything to do with the car you own-perhaps its more to do with being in arrears, and spending money on a new kitchen?


----------



## Jim2007 (10 May 2013)

allie12 said:


> Yes I am speculating. The particular manger on site moved the units, something the management company owners were not aware of (now they are).
> There is no damage done so far- but all it takes is a gust of wind to bring them down-and before you ask I was not strong enough to move them myself this morning and even if I moved them back to the bin area they would no doubt just put them back.
> 
> This is the only time they have done this, as my car is quite unique it is common knowledge who owns it!! Dont see any of neighbours xmas trees (yes in May-and in the bin store area for 4 wks now, and they got a call about it) put behind their cars!!



As you are now aware of the situation, it is your responsibility to take appropriate action to safeguard your property and failure to do so would be considered contributory negligence and so you'd get SFA from the other party, if anything at all....


----------

