Public Liability Insurance for Residents Commitee

forestman

Hi All,

we have recently set up a residents commitee, and while its ad hoc as such at the moment we have been advised that it would be important to have Public liability Insurance. The commitee was set up to get the green areas in the estate cut primarily but also to look into getting our estate "taken in charge" by the local town council. (Our developer has gone into liquidation). I suppose I have a few questions really:

1. Do we need Public liability insurance? - the contractor employed to cut the grass has his own insurance.

2. If we do, then has anybody experience of this i.e. do we need to get ourselves more organised and set ourselves up as a company?

3. anyone else out there in a situation where their developer has gone into liquidation and require their estate to be taken in charge (I'd imagine there are loads!!). Whats the procedure, what rights have we etc.

Apologies for the long post and the list of questions. Any help would be appreciated.

Paulw

A resident's association or resident's committee have no legal basis, and no legal power. They're just a group of people with a name. They don't own the common grass area, so I can't see any legal reason why they would have or need PL insurance.

However, if the development has a management company, then the management company do need PL for the development.

As for the developer going in to liquidation, then this is a matter for the council to deal with. Speak to your local public representatives (TD's, counsillors, etc).

forestman

Paulw wrote: »

A resident's association or resident's committee have no legal basis, and no legal power. They're just a group of people with a name. They don't own the common grass area, so I can't see any legal reason why they would have or need PL insurance.

However, if the development has a management company, then the management company do need PL for the development.

As for the developer going in to liquidation, then this is a matter for the council to deal with. Speak to your local public representatives (TD's, counsillors, etc).

Thanks Paulw. Yeah we are in agreement with that but from what I can see, in the limbo that we are in at the moment, if something happened during say an organised clean up of the estate etc and someone got hurt, then in the absence of the developer and the fact that the estate hasn't been taken over yet we feel that individuals involved in the commitee may be liable.

On the other matter we have had the local councillors in to a recent meeting and whilst helpfull on the most part it seems its still up to us to progress the issue. The council will accept an application if its submitted by the majority of the estate residents but I was just looking to get advice from others who were going through the same process.

Paulw

My understanding is that if people get together to do a cleanup, then they do so at their own risk. The committee have no legal basis, so can't get PL cover anyway.

If someone were to get hurt and take a case, they would have to take a case against each individual committee member, since the body doesn't exist as a legal entity.

forestman

Paulw wrote: »

My understanding is that if people get together to do a cleanup, then they do so at their own risk. The committee have no legal basis, so can't get PL cover anyway.

If someone were to get hurt and take a case, they would have to take a case against each individual committee member, since the body doesn't exist as a legal entity.

Yeah, that does seem to make sense although having members/residents individually liable would be detrimental to the moral and enthusiasm that currently exists. I guess the best thing is to suss out some legal advice on it. Thanks again Paul.