Legal Status of a Residents Association?

Sleepy

Spotted some groups around our neighbourhood doing clean-ups over recent weeks as the weather's gotten better and it got me to wondering what the legal status of a resident's association is.

I know bank accounts can be opened for them and the council will assist in dealing with them but were some works carried out by, or on behalf of, a residents association (e.g. installing planters, clearing a greenspace in an estate, landscaping etc.) to fall foul of some legal issue (say a personal injury at a street party organised by them, someone tripping over a planter installed by the association or even common land that was landscaped by them turning out to still be the property of the original developer of the estate and them objecting to the changes etc) who would be party to any legal action?

Would a residents association be considered an incorporated "legal individual" that could be sued like a limited company or would it be the individuals making up the committee of the association (or indeed all members of the association) that would be liable?

Note: I think this question is appropriate for the forum as I'm not looking for legal advice, just curious as to where the law stands on this matter.

L1011

A residents association carrying out that type of work without PL insurance would be unwise. It's about 300 a year for mine but we have 50* years NCB

Most do not begin any landscaping works until the developer has handed over land to the council though obviously exceptions happen particularly if a developer went under.


*or however long we've had it, the RA is 50 anyway

hullaballoo

They are generally unincorporated associations and have no legal status as such other than a group of individuals with an agreement between them to be the residents' association.

Since there is no legal personality, the individuals involved (one or many of them) may end up being the defendant if a legal issue arises with a third party, such as an unpaid grass cutting bill or damage to property etc.

Equally, the association cannot sue in its own name so the individuals involved would have to sue in their names but if attempting to sue for many of the humdrum reasons a residents' association might want to sue, they may face questions around standing (locus standi) if they are merely a subset of residents who have taken it on themselves to represent all the residents without any express authority to do so.

There are ways for them to have some actual authority to act on behalf of the residents but again it's just simple law of agency stuff rather than anything peculiar to residents' associations. Same way I can act as your agent if you give me the authority to do so.

GM228

hullaballoo wrote: »

There are ways for them to have some actual authority to act on behalf of the residents but again it's just simple law of agency stuff rather than anything peculiar to residents' associations. Same way I can act as your agent if you give me the authority to do so.

Unincorporated bodies (specifically RAs) can sue or take a JR relating to certain planning decisions.

hullaballoo

Are you referring to section 50A(3) of the Planning and Development Act? If so, I would express the exception more narrowly still - certain unincorporated bodies can take JR proceedings in certain planning matters.

Or is there another exception giving a more general corporeal status to RAs?

GM228

hullaballoo wrote: »

Are you referring to section 50A(3) of the Planning and Development Act? If so, I would express the exception more narrowly still - certain unincorporated bodies can take JR proceedings in certain planning matters.

Or is there another exception giving a more general corporeal status to RAs?

Yes I am talking about S50A od the 2000 Act, and yes you could narrow it down as you note, the caveat being the unincorporated body would have to establish it has sufficient interest in the matter,.

I said "unincorporated bodies (specifically RAs) can sue or take a JR relating to certain planning decisions" because residents associations have been found to have sufficient interest and thus standing in JRs as a result of S50A, but of course each case will very much depend on the facts, sue probably wasn't the best wording to use, I blame Mr. Justice Clarke on putting those words into my mouth in the context of S50A

Larbre34

Some of them are large enough that they have registered as clgs.

spookwoman

Sorry for bringing this back to life.

Does a RA have to keep minutes and allow residents to see them. If not keeping minutes is that a problem that could bite them on the arse.

Victor

https://www.boards.ie/discussion/comment/122446467#Comment_122446467

If it is a formal organisation, then any formal meetings would need minutes. Only members, not residents would be entitled to see the minutes.

Things would be fuzzier with an informal set-up, However, if claiming to represent people in some important matter, spending money, etc. it would be wise to have minutes.

Woodcutting

Here they were demanding money putting flyers in door saying contact x at 0xx Xxxxxx to arrange payment, not giving x second name or address. They also wouldn't say how it was spent. Didn't get any money from us