Management Co. posting defaulters list, how legal?

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Mers1

Registered User
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If anyone can help from a legal perspective here please.

Can a management company publish the apartment numbers of those who have not paid their management fees? I think not, that surely leaves themselves open to defamation of character/libel?

Can anyone confirm please. Many thanks:confused:
 
Is it defamation/libel if the list they publish is correct ?

You could probably get some information from your local Citizens Information office.
 
I can't see any problem. If they have not paid, its a simple question of fact.

mf
 
And in any case-if you sue your own management company, surely you will be partly liable for the costs as a member of that company?
 
Mers1 said:
Can a management company publish the apartment numbers of those who have not paid their management fees?
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Publish them where? If in the circulars sent to management company shareholders/members (i.e. housholders) then I can't see anything wrong with that. My own management company does that. In fact the management company may even be obliged to publish such details in order to keep members apprised of the situation with regard to management fee arrears.
 
Ours are also publishing a list of apartments who havent paid the fee (being given to other apartment owners), this was requested at last AGM.

As another poster said a defense for libel is truth of the statement.
 
Thanks all for your input,

Just felt that regardless whether it is true that they owe money, everyone had the right not to have thier good character assasinated??
 
Just felt that regardless whether it is true that they owe money, everyone had the right not to have thier good character assasinated??
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Someone who hasn't paid isn't off good character.
 
Exactly, they are in breach of a legally binding agreement and are depriving other owners/members of funds required for the upkeep of the complex. Name and shame i say.
 
ClubMan said:
Even if they just publish the address of the household in arrears and the amount of the arrears but no names? That's what our management company do anyway.
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I don't see how circulating a list of company debtors to the owners/shareholders of the company is a breach of the Data Protection Act.

Towger.
 
I suppose they can always post the names of those who have paid along with a little thank you note. That way they won't be mentioning the people who haven't paid.
 
Morning all,

Just spoke to Data Comm's office who confirmed that Mangagement Companies are not enititled to publish this type of information; be it the name and address of the default apartments or just the address.

Thanks for all the posts appreciate it.
 
If the management agreement says otherwise (i.e the document signed by all owners at purchase), I wonder does the DPC's opinion still stand?
 
CCOVICH said:
If the management agreement says otherwise (i.e the document signed by all owners at purchase), I wonder does the DPC's opinion still stand?
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Is a contract or agreement permitting an illegal practice not redundant?
 
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