Ice in common areas - is MC legally responsible

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shesells

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Just struck me tonight that as our development hasn't been taken in charge, the roads and car parks belong to the MC. Are we (the MC) then liable for any accident or damage that might occur as a result of failing to grit these areas? Similarly external steps up to first floor units?
 
In theory, yes, but I can't see someone winning in court. The likely suer is someone who lives in the development so unless it's a tenant, he/she wouldn't take their own MC to court. We had our paths and road gritted today for our own precautions though.

On a tangent, a lot of people are concerned with getting their local council to "take in charge" their estate. This cannot be done for an apartment block, I presume. How does it effect mixed developments of houses and apartments? Why is everyone so keen for this to happen? Is it necessarily better than a well run MC or is it just to avoid service charges?
 
I can see it being an issue for estates of houses with management companies but most councils won't landscape or even cut grass so it doesn't totally negate the need for the MC.

I would be against it in ours from the point of view of turning our roads into public roads, little things like no election posters, and having the right to clamp badly parked cars are nice! Also we are as you mention a mixed development so would need buildings insurance, common area services etc so we would have little to gain by being taken in charge.
 
The landscape contractors who look after our estate were out cleaning the footpaths and roads yesterday and also today. I was happy to see them out as I found out how slippy it was yesterday when I fell on my backside !!!

They had a small version of a gritter and put plenty of sand down in the estate and made sure the area around the creche was totally clear.

Fair play to them I say .
 
Got on to our MA...they have been struggling to get hold of grit...they now have a small quantity and are hoping to do the worst areas today.
 
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