Liability of a Piece of Art Is Damaged Due to a Leaking Roof
I am the owner of an apartment in Galway which I accept rented out through an estate management company. The apartment is on the top floor and has suffered water damage from the roof on ii occasions in the past few months. The redecoration of my apartment necessitated past the damage caused by water ingress from the roof has cost me more than €one,000 .
I inquired about challenge this amount from the Management Visitor Insurance policy just discovered that in that location is an backlog of €i,000 on the policy. Considering the water damage was acquired past a failure of the direction company to maintain the roof to a standard then equally not to cause damage to my property, I feel that I should be reimbursed (from the direction visitor'due south funds) for the cost of its redecoration. To appointment my asking has fallen on deafened ears. I would be interested to hear your opinion on this matter please.
Owners Management Companies (OMCs) and their functioning are covered by the Multi-Unit Developments Act which was introduced in 2011. The legislation put in place additional obligations (on superlative of the Companies Human action) on OMC boards of directors relating to consulting with owners and reporting on all aspects of the OMC's role including utilize of funds.
As a property owner, yous are a member of the OMC and should have a say in how the mutual areas endemic by the OMC are maintained and managed. When you purchased your holding, the legal documents yous received should have gear up out the services the OMC has to provide.
Owners tin can normally await block insurance (including public liability), cleaning of common areas, maintenance/management of the automobile park, repair of roofs and gutters and electricity to be some of the mutual services that are provided. These services are generally budgeted on an almanac ground, the upkeep should exist approved by owners at the company's AGM. Service charges are then levied on all owners, however, these are to pay for the approved budget only.
Sinking fund
The annual service charge should likewise include a contribution towards a long-term sinking fund. The Multi-Unit Development Act 2011 introduced a legal requirement for OMCs to establish and maintain a sinking fund and the amount to be paid is agreed at the AGM as role of the budget approval process.
Still, the Act likewise guides the use of a sinking fund; refurbishment, comeback or once-off maintenance, or advice from a qualified person in relation to these types of work. It is a requirement under the Human action that money in the sinking fund must be held in a separate account from management fees and the authorisation of the directors of the OMC is required to access the fund.
Property Clinic
Have you lot a belongings query? Our experts tin assist ASK NOW
Equally a general guide some of the most common uses of a sinking fund are repair, refurbishment or replacement of mutual area elements such as:
Building construction
Windows and walls
Roof and roof finishes
Internal partitions
Flooring structure
Plumbing and h2o services
Heating and ventilating
Lifts and escalators
Mechanical and electrical services and infrastructure
It is hard to say without knowing the full circumstances of the situation, only this may explain your OMC's arroyo to this matter. Farther data can be plant on the Function of the Director of Corporate Enforcement or on the Property Services Regulators website. Alternatively, if you are renting out a holding, you should have a specific landlord insurance policy in place and, bailiwick to the blazon of policy, you may have cover in this example.
Enda McGuane is a chartered property manager and member of the Society of Chartered Surveyors Ireland, scsi.ie
Source: https://www.irishtimes.com/life-and-style/homes-and-property/roof-caused-water-damage-to-my-apartment-who-pays-1.3475484
0 Response to "Liability of a Piece of Art Is Damaged Due to a Leaking Roof"
Post a Comment