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Management company liability issue!

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  • Management company liability issue!

    Hi All, I hope someone can help with this question:

    - I own one of 6 apartments in an converted building.

    - Myself and the other 5 owners are also all directors of our own management company, so we jointly decide and approve things together which affect the building.

    - My apartment is on the top floor in the old attic (effectively a converted loft penthouse), and so the outside of my flat is the communal roof.

    - Outside one of my bay windows is a small communal area (actually its the roof of the person below), technically it belongs to the management company just like the communal garden, but for all intents its useless to anyone else as its only accessible through our window.

    - We want to knock the wall of our apartment through to this communal space and make it into a balcony.

    - All the other residents have no real problem with this in principal, apart from a future liability issue we need to solve (and nobody has the answer for)...

    - They're saying if we (or indeed anyone else who wants to do an extension in another part of the building) makes a change the communal structure of the building, then something goes wrong in a few years time who is liable?

    - Meaning if they just say 'no' then its an easier decision because its clean cut: as of right now its the management companies responsibility if the roof caves in. But as soon as I do something to communal space, there could then arise an argument that it was my renovation which caused the problem.

    - They're happy for us to have the balcony if we can solve this liability problem (of course a solution isn't for me to be liable for the whole roof or the whole building as my re-sale value would plummet) but there must be a way to sort this so everyone's happy?

    Would really really appreciate any suggestions at all?

    Many thanks

  • #2
    Re: Management company liability issue!

    Your lease could varied to include this area within your lease and to allocate maintenance liability for it to you. Variation deed would need to be signed both by company and OP and if there is a mortgage on the lease then the mortgage lender would charge an admin fee for agreeing to it.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.